Got a Individual Unemployability question?

[Wayne TX]

I am currently at 50% and I have submitted and still waiting on Appeals for another 110%, of which one is a 50% rating for Sleep Apnea whereby I have fully compiled with all rating guidelines plus nexus backed by two IMOs linked to secondary s/c already cited in past BVA decisions on Apnea decisions............thus I do anticipate at some point having a minimum of a 70% rating derived from my Appeals whereby one disability would also be above 50% itself. .............thus MY QUESTION:  I did not seek or included in my Appeals for Individual Unemployability because am only 50% thus not qualified at this time to seek same.  In assuming my Appeal for Apnea is granted I will have acquired the required a total overall compensation disability rating  of 70%, so can I still make a run/claim for IU at my DRO Hearing, or does that need to be filed now before the Hearing ever takes place to even be considered?  I will receive a Video Conference Hearing at RO.  Has anyone out there sought IU at their actual Hearing Date and got it based on Appeals exceeding 70% or greater once the Appeals were granted and awarded?

[Gastone]

You're currently not eligible for a Scheduler IU Filing with just a 1 50% SC.

VA Raters review every Vet Claim as a Claim for the highest Rating, which automatically includes IU. Does your C-File EOR (Evidence of Record) indicate in any way that you are currently Unemployable, due solely to your 50% SC?

In the event that you receive an Increase or a New SC that makes you Scheduler eligible for IU, the new Rating Decision will include a reference to "IU Claim Deferred."

It would be wise to have your IU Claim Locked & Cocked, ready to file.

[Wayne TX]

I have been retired for four years now.............no the 50% won't be enough on its own so why I have not even tried for TDIU....... but the situation now under Appeal:  moderate to almost severe Sleep Apnea with CPAP would be both the 50% S/C factor as well as the total 70% qualifying reg. for TDIU........non-VA Dr. has already stated and will restate that Apnea also causes daytime  hypersomnia ...... nodding off while doing just normal activities such as sitting at a computer, listening to others converse, or watching some TV, etc. It is not for lack of sleep as I get at least 6 hours every night and more often closer to 8.  I am lining up all the bullets now to be cocked and loaded to file once Apnea is granted.

 

 

 

Edited January 10, 2018 by Wayne TX

[Buck52]

Wayne I think what Gastone is saying

If you apply for the IU now at the 50%   the 50% don't meet the IU Criteria, the criteria is 60%.

but under special circumstances  they will use the 50% if  that disability alone keeps you from working or doing any type of employment.

Now when you get a 50% rating for S.A. Then you will meet the CFR 416 b for the IU. and your 50% that you have now that will be a 80% combined rating.  the 50% you have now and a 50%new rating for another condition  (sleep apnea)is a combined rating of 80%   its just under the 90% level at 84.4  so they go back to the 80 % if it was 85 then it would go to 90%

That would met the criteria for the IU if you can't do any type work..but unless you file for the IU I don't think they will automatically give it to you.

 just my opinion here for them to inferred the IU  if you meet the criteria they would probably give you 100% scheduler rating..but  if your ratings are less that the 100%scheduler  and a Dr says you can't work  then they will probably inferr the IU Automatically ..but never count on the VA to do that.

IF You have enough combined S.C. Ratings  you could get the 100% scheduler

you will need additionally with two ratings at 50%  you will need another 50% to meet the 100% scheduler rating.

 

basing this off that you are S.C. For 50% original rating and another condition (sleep apnea pending approval at 50%) those two ratings  are a combined total 80% it rounds out to 84.4....to get the 90% you need a 85 rating or higher to be at a 90% combined rating

if you add another 10% for another condition then you will be 90% combined.

if any or all combined ratings keep you from working  Request the TDIU w P&T

If you get IU with  P&T that gives your spouse ChampVA insurance and she will have educational allowance to go back to school if she wants.

Dod Military I.D. Commissary cards for any post in the USA For you both...you can go to Ft worth Naval command (just ask at the post gate where the ID Card building is) and get the cards made  they will take your picture  you need marriage license along with birth certificate and print you off a commissary letter from e benfits to take with you  it takes them months to send you one.

Edited January 10, 2018 by Buck52

[Wayne TX]

Fantastic information provided by all of you...........I am putting my ducks in a row now (developing packet and securing medical opinions).  One final question to be completely clear....... if I go ahead  within the next 30 days and file an Intent to File (ITF) for TDIU yet only at the 50% level now that would then lock in an earlier claiming date for TDIU......right?  That would certainly allow me more time collecting medical opinions and researching more similar-based BVA awards.  I believe I understand that it also gives me up to 12 months to act on protecting the ITF itself (if necessary)  thus allowing more time frame for other appeals to be over turn in same time period to actually file the actual Form and packet then..........correct?  What is the Form for an Intent to File an TDIU application.   Thanks for all the feedback.   You guys are great in providing valuable insight through your own experiences.........much appreciated.

Edited March 4, 2018 by Wayne TX
spell check

[Buck52]

yes always file an ITF and make sure you file on all conditions that you think you may have caused from your military service  secondary conditions included.

Just remember you must file for each claim on the Appropriate Applications per condition .(this is explained on the 21 -0966)

ITF Claims give you 12 months before you actually need to file and saves your EED.& TO PRESENT YOUR EVIDENCE OF RECORD.

Here is the link at the bottom for the 21-0966 IFT Form in pdf ,  just fill it out and add the number of conditions  for all conditions you feel will be S.C....& Be sure to date it and sign it.

I did one of my ITF from e benefits  made it a lot easier than snail mail. 

They will let you know they got it,  just don't forget to file your clams within the 12 month period.  (MARK YOUR CALENDAR )

https://www.vba.va.gov/pubs/forms/VBA-21-0966-ARE.pdf

Edited March 4, 2018 by Buck52

[Wayne TX]

Buck.....great info and thanks for the link..........so I assume if for any reason an application for TDIU is not filed within 12 months you lose the EED......right?   I assume then have to start all over again with another ITF?   How soon normally does the appropriate application to file for the general benefit sought arrive from VA to get submitted and start the 12-month cycle? 

 

Edited March 4, 2018 by Wayne TX
added on