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  1. file:///C:/Users/dantr/Documents/VA Individual Unemployability Tips For Filling Out the VA Form 8940.pdf
  2. VA Individual Unemployability Tips For Filling Out the VA Form 8940.pdf
  3. 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. https
  4. I’ve done the VA claim-bit on my own. I don’t know if this is a mistake or not. I went to a c&p exam recently. I left somewhat confused. I never had a doctor tell me directly that she was recommending an increase as well as IU. She said though it was ultimately up to the rater. I don’t have her report because 30 days has not passed. I was at 50% for ptsd and 10% hearing loss. During the appointment the c&p doctor quoted a couple other reports where VA doctors I’ve seen at various clinics said that I had “long term, chronic and severe...” (Don’t want to get into the what). I find
  5. I was recently granted IU back in September 2019. I was trying to see if I was also P&T because of my award letter referenced CHAMPVA & Chapter 35 -- but it did not say that I was granted it (see info enclosed below). My award letter also did not mention a future C&P exam either. On eBenefits there is no Commissary Letter or Chapter 35 Letter under Letter Generator. I recently went to a local military base to get my Tan ID card in which the Expiration Date shows "INDEF" and the STATUS/Grade box reflects "DAVPRM". I would like to get y'alls thoughts about this. Thanks!
  6. Recently I applied for increased compensation of my existing conditions,which were 10% hearing and 30% depression. I filed for a increase on my depression which went up to 70% from 30%. Second I filed for sciatica of right leg secondary to back. Anyway I went from 30% to 80% rating. I was not granted IU but was not filing for that,just a increase. Do I appeal being they did not consider me eligible,or do I just file a new claim for it.
  7. Yesterday when reviewing my medical records I noticed an examiner did a C and P/DBQ addendum. Im currently 70 percent and submitted for an increase(12 months ago) and also filed for IU(2 months ago). I don't know what this nexus means and would like to know if the exam was for the IU or increase claim. This examiner did a table top review as I wasn't present for it. See below: Please utilize this form when responding to VBA requests for either addendums or clarifications of prior VHA examination reports. This Veteran was seen for a C&P examination in December, 2017. At that
  8. Hello, My husband and I had a few questions about the Individual Unemployability and the decision process. He has SC PTSD 70% VA disability rating. And he just called his claim on October 25th. They are now requesting a VA Form 21-4192. I know the VA requires the form to be sent out even if the veteran has not worked in 5 years. My husband does fall into that category. He has not working full-time position since he was in the army and was discharged in the year of 2014. Due to his condition he's had to work odd jobs like mowing lawns, etc. However he has had two 1099 jobs that never avera
  9. Hi all. I am new here and if i put this in the wrong section please help me get it to the right one. My main question, and i have dozens on several topics, is about TDIU/IU and its effects after a review by C&P at 5 year mark. Primarily do I have to accept an 'inferred" TDIU claim decision? As I understand it the RO can make this determination without my applying for TDIU, and there are some long term problems with being rated TDIU verses 100% Schedule. Here are the salient details. 1) I am currently homeless, living in my car 2) I have advanced education some
  10. PTSD) Disability Benefits Questionnaire Name of patient/Veteran: Is this DBQ being completed in conjunction with a VA 21-2507, C&P Examination Request? [X] Yes [ ] No SECTION I: ---------- 1. Diagnostic Summary --------------------- Does the Veteran now have or has he/she ever been diagnosed with PTSD? [X] Yes [ ] No ICD Code: F43.10 2. Current Diagnoses -------------------- a. Mental Disorder Diagnosis #1: Antisocial p
  11. Hello All, I have a question that i have asked several times and never really get a straight answer... (maybe there isn't one) I was rated 80% disabled and 70% of that is for PTSD/MST w/ MDD, Anxiety, Opioid use disorder, Alcohol use disorder and Stimulant use disorder, 30% right ankle and 10% Tinnitus and was later granted Individual Unemployability by the VA. I must give credit where credit is due and say that VA was very good with my claims and I am grateful that I was fortunate enough to get a rater that gave a crap about disabled veterans. I am now curious if anyone has a
  12. 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
  13. 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.
  14. I was just rated 70% for PTSD bringing my total disability to 90%. I have worked very part-time as a bus driver but have been let go due to the meds I'm on and my PTSD. I am planning on applying for IU and SSDI. Is there one I should be applying for first or can they be applied for at the same time? Any thoughts and comments are very much appreciated!
  15. History, Going on for over 12+ years since left the militray .First raiting 50% Went for increase this was from my DBQ C&P .. Thoughts all? See below Is this 70 (most would say 70). could it sway 100%? If you think 100% do you believe sched or temp? I did not apply for IU but I am told they have to consider it anyways. The doctor also used some verbage that was interesting It is not possible to differentiate what portion of each symptom is attributable to each diagnosis because all of the veteran'schronic PTSD and bipolar symptoms have been chronic, progressive, biolog
  16. Hello, I had an earlier BVA decision where I was granted an increase in my rating. In the decision they did not rate my IU because they said I did not perfect the appeal or something like that. I was denied IU by the regional office while by claim was on appeal at the BVA and according to the fast letter if this happens the IU claim is supposed to become part of the pending appeal in DC. Therefore they should have taken in consideration my IU claim as well as my disability claim that they rated even though they didn't have the perfected appeal or the form 9 for IU. So I am thinking of
  17. Hello I filed for IU in 2014 and it was denied I received the SOC which stated they denied me due to form 21-8940 and the examiner stated my condition had gotten worse but on the DBQ for occupational and social impairment section checked off the symptoms of someone that would only be rated at 30%. I am rated at 70% for MDD. I wrote to the RO that the DBQ was inadequate and should not be used to rate my claim. I submitted the form 8940 & a doctor's note from my treating doctor stating my condition was at least likely due to my unemployability & other supporting evidence from employers
  18. I am 100% IU and 90% over all. Starting a new post as per Broncovet's recommendation. (1) First, my back rating just went up from 10% to 20%. This was due to thoracolumbar spine degeneration, disc bulging, partial compression fractures T4, 5,and 8. CFR 4.40, 4.45 and 4.59. This was just given June 1st 2017. I am now scheduled for T2 to L2 titanium boron rod fusion next week July 20th 2017. Kyphosis range 50 to 70 degrees. My question, what is available and how do i file for SMC....L,S...? (2) Second, from multiple previous arthroscopic surgeries on my knee I was given a 0% rating for
  19. i moved about 10 months ago from the western new york area where i went to the bath and buffalo VAMC system. i am now in the Tennessee valley system with the Nashville VAMC as my overseeing hospital. where do i send my annual IU form to show i have not been working? i have not received a form from them for it and i have as of yet to receive a form for my clothing allowance so i printed them both off and filled them out. i assume the clothing allowance form goes to the physical therapy brace and prosthetic shop but i have no clue who to give the IU form to :)
  20. just got 100% IU. Jumped outta too many aircraft and choppers...fast rope incl. im having major back surgery next month opening from T2-L2 with rod and fusion. they just increased back from 10-20%, before any knowledge of all of this. My questions are this A). can i collect state unemployment insurance along with 100% IU? B). Should i wait to file for SSDI until after back surgery? C). when should i file for SMC-S Housebound? Thanks for the help and concern.....RLTW
  21. Hello, I am rated 70% for Major Depression Disorder. I filed for IU and was denied. I filed an appeal and chose a BVA hearing. I was recently sent a letter for a C&P exam. LOL....sorry a little ADD also lost my thought and forgot to return to finish the question. I did go to the exam they used it to deny me even though the examiner said my symptoms had worsened. I am currently in appeal. Thanks for the input:)
  22. Hello. I was 90% I got fired from my job because issues related from my mental illness. I applied for IU and got it (permanent). Well my work (union) caught wind that I'm a disabled veteran and asked me if I want to come back. Since I've been at home I began to feel worse. Long story short i feel it would be in my benefit mentally and financially to return to work. Question is.....I know I will no longer receive 100% but if I return to work will I lose everything or will I go back to original 90% ? Thank you very much.
  23. Hi everyone, I started voc rehab on October 10th of 2016, my counselor put me in a program extended evaluation because I have gone to school in the past and did not work out for me. I get BAH every month while I attend to this program, I volunteer at a call center and the manager submits the hours that I volunteer to my voc rehab counselor. I am required to complete 32 hours every week. During the month of November I completed half of the hours I was required to work resulting in an over payment from the V.A. I could not attend to my place of duty some days because I had ER visits, v.a. a
  24. A few months ago my service connected hearing loss was increased from; 10% tinnitus 20% Bi-Lat hearing loss 30% total to 10% tinnitus 50% Bi-Lat hearing loss 60% total While I do not meet the single disability percent to apply normally needed to apply for IU, I do see a "Special Consideration" which I believe applies in my case" http://benefits.va.gov/benefits/factsheets/serviceconnected/iu.pdf Below is my letter asking for my increase. I was wondering if anyone could give me some feedback on the content in order to determine of I should even bother
  25. Hey all, I might soon be facing a particular situation that I'm unsure how to handle. I am currently rated at 80% for a knee condition and PTSD. However, I am getting paid at the 100% IU rate. I went through Voc. Rehab, finished college, and now I am looking for work. A bit nervous about the whole thing, I have considered taking on a year-long volunteer position so I can slowly adjust to a normal workplace environment. This job will not be as demanding as one in my field, meaning there won't be as much pressure. I would be dedicating around 35 hours a week, roughly. I feel that if I dive
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