tdiu Am I Able To Get I U

[rickzoo]

<H3 class=post-title>unemployability of the individual can some one explain </H3> http://rickzoo.vets.yuku.com/

05/15/08 09:01:21

I have 30% liver desease secondary to (sc) 20% diabeties . I also have thrombocydepina 30% secondary to liver . I am waiting to go to 50% on thrombocydepina. I am needing to file for unemployability asap. if I am eligable now

4.16 Total disability ratings for compensation based on .

I have

(a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability:

(1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable,

(2) disabilities resulting from common etiology or a single accident,

(3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric,

(4) multiple injuries incurred in action, or

(5) multiple disabilities incurred as a prisoner of war.

It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment.

For purposes of this section, 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. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination.

( It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

[john999]

I would apply for IU if I could not work. I applied when I was just 30%. I got bumped up to 70% and the VA used the date of my initial application for IU when I was 30% as the effective date. The VA uses the 70% solution to try and subvert their own regulations that say that any vet who is unable to work due to SC condition is entitled to IU regardless of percentage.

[Cherie33]

<H3 class=post-title>unemployability of the individual can some one explain </H3> http://rickzoo.vets.yuku.com/

05/15/08 09:01:21

I have 30% liver desease secondary to (sc) 20% diabeties . I also have thrombocydepina 30% secondary to liver . I am waiting to go to 50% on thrombocydepina. I am needing to file for unemployability asap. if I am eligable now

4.16 Total disability ratings for compensation based on .

I have

(a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability:

(1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable,

(2) disabilities resulting from common etiology or a single accident,

(3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric,

(4) multiple injuries incurred in action, or

(5) multiple disabilities incurred as a prisoner of war.

It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment.

For purposes of this section, 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. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination.

( It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

Hi Rickzoo,

Do you need to have a liver transplant? I'm asking because my husband was diagnosed with Cirrohois (and a few other things) and had to have a liver transplant. However in the meantime, Social Security Disability approved him within 2 weeks of applying. If you file for SSDI and are approved from what I understand it would be easier for you to receive IU. (As long as your issues are strickly related to service connected disabilities) Someone correct me if I am wrong.

Cherie33

[rickzoo]

No at this time I not ready for a transplant. My Dr. told me to apply for ssi, medicare I.U. ect. I hope to use pvt insurance. just feel my chances are better outside V.A. . I have been on federal government disability for 2 1/2 years, but was not able to get ssi because of an income pastoring a small vocational church generated. I was able to do adminstration but developed varices bleeding. Went tuesday for more banding, my Gastro Dr. said apply for all I could. He will support me in my efforts. The V.A. does not seem nearly as aggresive treating as outside.

[dolfanbls]

I also have a question on this. I am 40% service connected and I have request in for a Medical Retirement due to not being able to perform my work duties. I work for at a va Medical Center. This request has been awaiting a response from the Office of Personal Management. I hope to hear about the MR by the end of the month. My 40% is for Bilateral Radicalopithy of the legs, Bilateral Claw foot, and Degenerative Arthritis of the Spine.

Do you think I have a chance if I get my medical retirement?

[john999]

Yes, I do think you have a chance. I got disability retirement from the feds and it helped me. It is proof you can't work at least the job you had and it gives a date for the beginning of your disability. When you get SSI or SSD that will be heavy proof.