Update on my claims.
I was rated at 70% when I filed some claims and for IU. They closed one claim about a month ago and deferred the rest including my IU claim and that was closed last week.
On the claim closed last month, they granted me another 70% which bumped me up to 90% and no reductions. So far so good, but got the denial letter for IU today.
I am confused about why they would bump me up to 90% SC and deny the IU. This is what it stated.
7. Entitlement to individual unemployability
Entitlement to individual unemployability is denied because you have not been found unable to
secure or follow a substantially gainful occupation as a result of service connected disabilities.
You are considered capable of gainful employment. 138 CFR 416,38 CFR 4.18)
Favorable Findings identified in this decision:
Your service-connected disabilities meet the schedular criteria for entitlement to individual
unemployability.
Laws and regulations applicable to this issue:
38 CFR $3.1 Definitions.
38 CFR $3.4 Compensation.
38 CFR $3.304 Direct service connection: wartime and peacetime.
38 CFR $3.400 Effective Dates - General.
38 C.F.R. $4.16 Total disability ratings for compensation based on unemployability of the
individual.
I don't know how to approach this. I thought that 90% is as high as I can go without reaching 100%.
Any advice would be helpful, because I am lost on this.
Thanks.