Jump to content


  • hate-ads-subscribe-now.jpg

  • Ad
  • Ad
  • 14 Questions about VA Disability Compensation Benefits Claims


    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Ad
  • 0
Wayne TX

Got a Individual Unemployability question?


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?

Share this post

Link to post
Share on other sites

38 answers to this question

Recommended Posts

  • 0

I agree with your line of thinking Buck........the only bottom-line that matters is getting granted and if adding strong new evidence (especially IMO's stating as likely as not + more likely than not on a Sleep Apnea appeal that has to be  ++++ in my book to get before them) during Appeal even if it takes longer to process them through. I believe it is worth some added time to try and get granted by a DRO at the RO Level than wait for a SOC (never got one yet for SA ) to finally happen at some point in time then have to submit the Form 9, and then wait maybe wait another 1-2 years to finally get a docket and then get a Hearing date.  My thinking if RO has not sent a SOC out now after  20 months since my NOD filing then that means it's still sitting at RO and no one has made a decision yet on that NOD.  I'm gambling submitting strong evidence to RO at any point in time in the process will still result in a faster decision than waiting around for my turn at a Hearing date, which won't even begin towards that process until I get a SOC anyway and file Form 9. That's my logic anyway.  I'm hoping , of course, adding evidence now before a SOC is issued my way will avert a SOC from happening, and then hopefully improves my chances for a favorable outcome within another 12 months.  If I'm wrong my gray hair will just get a little grayer.  Thanks for sending the explanation too. 

Edited by Wayne TX

Share this post

Link to post
Share on other sites


  • 0

Yes  and on the'' is likely as not'/''more likely than not 50%'' ect,,,ect,,, Make sure the Dr is Qualified preferably a ''specialist'' in the field of medicine of your claim.

I think the rating for S.A. depends on the severity of the condition and  the apneas that occur during The night and the # of hours you sleep with & without the CPAP! 

I think the rating for S.C.  S.A. is an automatic 50% but not so sure.

check this link out about S.A. RULES CHANGES you may know most of it but it might give you some more insight with your S.A. Claim



Wayne unless a Dr messes up and don't detail your condition correct or as a ''flaw'' I think you got this one buddy.

Share this post

Link to post
Share on other sites
  • 0

Also I think a Veteran can over do his/her claim with tons of paper work that is really not necessary ...just enough paper work that gets straight to the point ,  the nexus for S.C. and a Dr's opinion to the S.A. Symptoms in your favor  any speculation from media notes or advertisements they will not consider. 

CFR's are good to use to remind them such as the rating criteria & adjudication  in the M 21-1 MR Manual.

Edited by Buck52

Share this post

Link to post
Share on other sites
  • 0

I agree about going over board not necessary........that's good advise........the DRO needs to read just what matters.........we think they need more but it all comes down to just a few pieces of evidence that even matters. 


Share this post

Link to post
Share on other sites
  • 0

Wayne, an SOC or SSOC is only completed regarding the original or continued Denial.

Buck, I'll look back for the VA M21 info regarding the Receipt of New & Material Evidence and the requirement for a Determination either to Reverse or continue the Denial.

As to late delivery of N & M  E and its effect on the eventual DRO Hearing, it stands to reason that the processing of the Evidence per VA Regs would add significant time to the Hearing Date being Scheduled.

A friend fracked up and got a DRO Review, he had no idea of when it took place instead of the Hearing he thought he had requested. It took close to 10 months for the Continued Denial and SOC to arrive. After which, he immediately sent in his N & M E that he had planned on turning in at his DRO Hearing, that he never had. Took another year to get an SSOC and a Form 9.

He's now on a BVA Remand, awaiting the RO Decision, all toll about 6 yrs now since the original Denial.

Share this post

Link to post
Share on other sites
  • 0

Gastone......I am certainly interested in this info.............Buck, I'll look back for the VA M21 info regarding the Receipt of New & Material Evidence and the requirement for a Determination either to Reverse or continue the Denial. 

I figured submiting late N&M could throw them off,  but it was STRONG IMOs that could only improve my position since they never even got around after 20 months now on this particular NOD  (Sleep Apnea)  to inform me of anything.........I had 5 appeals total  and only two after 18 months time  came back as SOC and were both responded with Form 9.  The other three at VARO the VA  has not contacted me asking for more evidence,  nor to this day have received a SOC so I can only assume they can't decide or still gathering evidence?  What I'm saying, I guess, if they have not sent me zip after 20 months time now yet 2 of the 5  have been SOC denied again by RO they must be  having a hell'va time trying to decide how to decision the other 3?    My logic came down to even being   "LATE" can only help them to decide at some point in time............20 months is ridiculous to be left in the cold on three of the 5.  If I had not got the 2 of the 5 back as SOC denied again then I would still be thinking they have not decided anything yet on all 5.  I know they have not fallen through the cracks because of the two SOCs sent 3 months ago.

So what kind of added time is it usually?  It would seem to me if RO still has all my files for the remaining 3  with no SOC response  to date how can sending late evidence be treated as added  penalty time for their non-actions?  Just curious. All ears! 

Edited by Wayne TX

Share this post

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Similar Content

    • By abnrgr88
      Hello friends!  Quick question.....I am 90% overall and TDIU 100% with an appointment scheduled at the 1 year mark. Recently i have heard (through a VSO) that my wife and child are eligible for health care. Is this so??? thanks!
    • By unclejoe1
      I'm service connected for bilateral severe O.A hips 10%,secondary lumbar sprine,10% left and right knee 10%.My case was remanded back to R.O  for further development for my increase for hips O.A and to set C&P for my throat claim.  My question is if granted increase rate for my hips and granted service connection for  throat would I have to file for I.U or will they simply grant it if my ratings me the criteria. 
    • By Tbird
      For example: a veteran with PTSD works for a family friend’s business. The family friend provides the veteran with an office and duties that afford limited interaction with other people. The veteran’s salary pays his bills, and is over the current poverty threshold. Because the veteran’s job has been tailored to his individual needs (limited interaction with other people), his job is considered to be sheltered, and therefore falls under “marginal employment.” The VA cannot consider this job as being substantially gainful employment, and must not use it against him in determining IU.
      Marginal employment shall not be considered substantially gainful employment. Marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Significantly, however, marginal employment may also be held to exist, on a facts found basis, based on employment in a protected environment such as a family business or sheltered workshop even when earned income exceeds the poverty threshold. Consideration shall be given to all claims as to the nature of the employment and the reason for the termination. 38 C.F.R. § 4.16(a).
    • By Tbird

      Yes, in some cases you can. 
      I can’t work if I’m getting Unemployability, right? No, in fact, unemployability does not always mean that a veteran is not working. The key, however, is that all income earned from employment must be at or below the poverty level, or from a job that is considered to be “sheltered”. These types of … Continue reading
    • By Inarticulate&Distorted
      It's official! After 3 years 8 months of fighting the VA. Now at 100% TDIU P&T. Chapter 35 Bennefits will be a nice addition. I look forward to hearing your success stories too fellow Vets.
    • By Ddsr
      If awarded IU with no PT what health benefits are dependents eligible for if any? Would ChampVa be available, or is it only for P&T  TDIU?
    • By Aquabear
      Should I (does anyone??) write a timeline about my claim? Like a one page timeline or outline or my history. Example: I just sent in my Social Security Disablilty paperwork for my claim because my SSD was approved due to my damage to my lower spine(posted a few days ago) the judge approved it. I was in Voc rehab 9/2008-4/2009 withdrew from college due to physical/mental meltdown then again went back 9/2010-5-2011 and again had to withdraw because I physically and mentally crashed( I was approved to the National Honor Society). I was approved for SSD 11/23/2009 and I figured if I wrote it out on a timeline it would help the to show the VA exactly the time line since I'm thinking they are not good at that.
      Advice please and thank you in advance. 
      ((A quick FYI during this time I have been consistently getting spinal injections, spine fusion surgery, quad tear surgery, take pain meds(which make it hard to impossible to think theoretically) and doing physical therapy and PTSD group n one on one at VA PTSD clinic for 3 years now which helps with my daily anxiety.))
      Thanks again. 
    • By TexasMarine
      Recently awarded 70% for Bipolar Disorder, granted TDIU, proclaimed P&T, with correct claim date determined.
      I must Thank all of you for keeping my hopes alive over the years, when darkness set in.
      I must publicly thank Bergmann & Moore, LLC of Bethesda, Maryland, for without their perseverance and capabilities, I would not have had any measure of success.  Professional in every way imaginable.  I can not say enough about their latest hero, Fatima.  Fatima, thanks for being rational, thoughtful, knowledgeable and thorough!  Mr. Bergmann and Mr. Moore, you two rock!
    • By Dsom
      I'm confused on what to apply for.
    • By LanceJoseph
      My initial claim in 2010, I was granted 70% overall and 50% for PTSD.  I filed a notice of disagreement and in 2013 I was giving a C&P exam for the issues below and was granted 70% but I filed another NOD for the back dating of PTSD and the fact that they completely ignored my TDIU claim. The verbage on this letter is confusing and I'm curious is they are going to back pay my TDUI to Oct 25 2013? I underlined where I was confused.  If anyone could shed light on what I could possibly be expecting that would be awesome. 

    • By Ridehard2208
      Posts containing questions about TDIU
      Fixed the link below
    • By HorizontalMike
      Will/can a 100% TDIU P&T award get removed if my service connected disabilities reach or top 100% ?
      I ask this because I am +5yr into my appeal process and have received a "partial award" from the VA, as the rest of my appeal moves forward.  I was given an increase to 70% TBI to qualify me for 100% TDIU which started last year.  Already have 10% Tinnitus.
      Still on appeal is:
      MDD -- Arguing for 70% but probably will get 50% Sleep Apnea -- OSA with CPAP required to be rated at 50% My lawyer is inferring that I would be in jeopardy if I try and get +100% Scheduled award disability.  I have also heard from a fellow poster (I referred to same lawyers) who informed me that after getting his early/easy disability award, this firm dropped him on his appeal moving forward.  In other words, they took the easy money/award and ran on the tougher stuff.
      What my lawyer currently predicts my disabilities totaling at 94% (70-BTI, 50-MDD, 50-OSA,and 10-Tinnitus) which rounds DOWN to 90% award. He does not want to appeal further, apparently.
      My lawyer's inference that my 100% TDIU would be in jeopardy if I continue to pursue my scheduled appeal status, just does not sound right to me, but how can I know for sure? 
    • By Lemuel
      I have a question.  Does anyone know of any "case law" on 38 CFR 4.16, the part on "marginal employment?"
      I had a long email discussion with my former attorney regarding TDIU.  She was considering coming back on my claim.  But I want my TDIU  claim back to 1987 when I first submitted it.  I worked, part time, in a sheltered environment following giving up on rehab.  I gave a shot at trying to get jobs I thought I might be able to do by working extra time off the clock.  Jobs that required a lower skill level than I have when I'm functioning.  She is now refusing to come back on the claim because she believes (personally apparently, no case law cited) that if you are getting charity money in connection to a job it counts as "a substantially gainful occupation" if the pay is near, at or above poverty level.
      My part time employer made a statement in writing to the VA that made me realize I wouldn't have made it as a Hotel Night Auditor which is a low paying low bookkeeping skill job that I had been applying for in addition to part time jobs.  After 3 years I gave up the part time job because of increased charity.  It made me feel like a beggar on behalf of the VA.  My employer's statement said he had twice moved part of my work to another employee.  Also that the most difficult thing for him to deal with was my being unable to function on demand when he needed me at times.  I was employed to work a specific client's, famous actor, books.  Out of charity, the statement said, they agreed to pay me 4 days per week to do a 3 day per week job.
      I was unable even keep up the 3 day a week job working an extra 16 to 30 hours over the 32 hours I was on the clock.  And I knew the job was really a 3 day per week job or even less because at times, when I was clicking, I could catch up a great deal of work.  The work didn't change in quantity or complexity.  I just changed in functioning level because of enervations, partial and complex partial seizures that were untreated.
    • By Organized_Chaos
      What's up Fellow Vets,
      I am new to this site and I wanted to explain my case and get advise.
      I was medically discharged from the Army in 2004 due to a diagnosis of asthma (30% disability).  I never had any kind of respiratory problems until I arrived in Germany in 2003.  I started experiencing difficulty breathing, shortness of breath, excessive snoring, dry mouth, fatigue, ect.  After several trips to the doctor and several tests, the Army doctors diagnosed me with having asthma.  I never had asthma so all the symptoms i was experiencing were new to me.  
      Fast forward to 2017, I was having trouble with the hormones in my body.  I was experiencing ecessive daytime sleepiness, fatigue, memory problems and loud snoring (ask my wife).   After several tests and appointments, it was requested by my doctor that I have a sleep study performed.  I didnt know why I would need this test but reluctantly, I agreed and took the test.  After the test, I was diagnosed with severe obstructive sleep apnea  with an AHI 77.5.  Moderate is 5 and severe is 10+.  So it turns out that the symptoms i was experiencing while in the army were of both asthma and severe OSA.  The doctors in the Army never even mentioned or tested me for sleep apnea.  I had a DBQ done at the VA Hospital in which i am being treated.  In the DBQ, the Dr states:
      a. Describe the history (including onset and course) of the Veteran's sleep disorder condition (brief summary):
      Veteran reports excessive daytime fatigue and sleepiness, unrefreshing
      sleep ,snoring and frequent awakening. He had a sleep study at Northport VAMC on 8/11/2017
      whihc showed severe obstructive sleep apnea with AHI 77.5 events per hour. He had a CPAP titration study on 8/23/2017 which showed
      improvement to AHI of 12.9 events per hour.  He just got his CPAP machine yesterday. As of now, he gets about 4
      hours of sleep per night. He does not restorative sleep. He does find himself falling asleep during the day.
      Does the Veteran's sleep apnea impact his or her ability to work?
      [X] Yes [ ] No
      If yes, describe impact of the Veteran's sleep apnea, providing one
      more examples:
      he is tired throughout the day. His poor sleep has led to foggy
      thinking and poor short term memory.
      I just went on ebenefits and submitted a claim for sleep apnea and Unemployability.  Do you think i have a valid claim?  
    • By smith22
      May 2016 I was awarded 70% ptsd along with in increase in lower back rating with total of 90%   which was effective 1 June 2016.   I was notified may of 2017 and in June of 2017 I filed for TDIU on the PTSD and lumbar back increase.   I received notification today that I was awarded TDIU with an effective date of 1 June 2017.   My question:  I believe my effective date should be 1 june 2016 the effective date of my ptsd effective date.   My file show I was let go from work in feb 2016.    
      any help would be greatly appreciated....
      NOTE:  i was just diagnosed with moderate to sever sleep apnea.    I need help trying to get a nexus letter to file claim for secondary to PTSD.  Any help would again be greatly appreciated.  
  • Our picks

    • e-Benefits Status Messages 

      Claims Process – Your claim can go from any step to back a step depending on the specifics of the claim, so you may go from Pending Decision Approval back to Review of Evidence. Ebenefits status is helpful but not definitive. Continue Reading
      • 0 replies
    • I was rated at 10% for tinnitus last year by the VA. I went to my private doctor yesterday and I described to him the problems that I have been having with my sense of balance. Any sudden movement of my head or movement while sitting in my desk chair causes me to lose my balance and become nauseous. Also when seeing TV if there are certain scenes,such as movement across or up and down the screen my balance is affected. The doctor said that what is causing the problem is Meniere's Disease. Does any know if this could be secondary to tinnitus and if it would be rated separately from the tinnitus? If I am already rated at 10% for tinnitus and I could filed for Meniere's does any one know what it might be rated at? Thanks for your help. 68mustang
      • 15 replies
    • Feb 2018 on HadIt.com Veteran to Veteran. Sharing top posts and a few statistics with you.
      • 0 replies
    • I have a 30% hearing loss and 10% Tinnitus rating since 5/17.  I have Meniere's Syndrome which was diagnosed by a VA facility in 2010 yet I never thought to include this in my quest for a rating.  Meniere's is very debilitating for me, but I have not made any noise about it because I could lose my license to drive.  I am thinking of applying for additional compensation as I am unable to work at any meaningful employment as I cannot communicate effectively because of my hearing and comprehension difficulties.  I don't know whether to file for a TDUI, or just ask for additional compensation.  My county Veterans service contact who helped me get my current rating has been totally useless on this when I asked her for help.  Does anyone know which forms I should use?  There are so many different directions to proceed on this that I am confused.  Any help would be appreciated.  Vietnam Vet 64-67. 
    • If you are new to hadit and have DIC questions it would help us tremendously if you can answer the following questions right away in your first post.

      What was the Primary Cause of Death (# 1) as listed on your spouse’s death certificate?

      What,if anything, was listed as a contributing cause under # 2?

      Was an autopsy done and if so do you have a complete copy of it?

       It can be obtained through the Medical Examiner’s office in your locale.

      What was the deceased veteran service connected for in his/her lifetime?

      Did they have a claim pending at death and if so what for?

      If they died from anything on the Agent Orange Presumptive list ( available here under a search) when did they serve and where? If outside of Vietnam, what was their MOS and also if they served onboard a ship in the South Pacific what ship were they on and when? Also did they have any major  physical  contact with C 123s during the Vietnam War?

      And how soon after their death was the DIC form filed…if filed within one year of death, the date of death will be the EED for DIC and also satisfy the accrued regulation criteria.
        • Like
      • 14 replies