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Are You On Individual Unemployablity (iu)? Beware!


WeAre#1

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I work at a VA Regional Office. I have seen literally dozens of IU cases where VA is proposing to reduce Individual Unemployablity for failure to return VA form 21-4140 http://www.vba.va.gov/pubs/forms/21-4140-1.PDF. This is an old revived tactic of the VA recently taken advantage of after more than 5 years of doing so.

Many if these veterans have moved and VA does not have a valid address for them. Therefore, the form never gets returned and hence the proposal to reduce takes place. With this in mind, I fear these veterans will not know to fill out the form until they get finally reduced. Please inform all of your friends. Also, go to your local chapter or post and inform your comrades!

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If you are 100%, this has no effect on you, right. How many years do you have to be P&T before it can not be taken away and how many years to you have to be P&T so you wifes continues to receive your benefits if you die. Also, does the time you were I/U count toward this time? Thanks

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  • HadIt.com Elder

I got the IU form in the mail a few days ago and filled it out and returned it to the VA. It seems really thin to reduce a vet based on the fact that he did not return a form sent to him that is not even certified mail. What proof does the VA have they even sent the form? I will call the VA in a few days to make sure they received my IU form.

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  • HadIt.com Elder

If you move be sure and notify VA of address change. It is required and could solve a lot of these problems.

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I received that very form(214140) last Sept,2005. That was exactly 1 month after Katrina hit us.I ofcouse didn't loose my home as many from this area did. So there's know telling where some of those folks might be or even if they are getting their mail.

The VARO in N.O.,LA had their return address but when I sent it back registered mail ,it was received in Oklahoma regional office. I kept all my proof of return.

The main point I'm making here these guys at R.O.are playing on those people misfortune of not having an address. The VARO in N.O. was flooded as was the hospital. Neither of those places are reopened yet. Looks like it going to be along time also. Who knows where all our records are? They may not even exist anymore. I have people that I have helped in filing claims who have no idea what to do and no one answers the 800 since Katrina.

The positive point is I have not missed my check, which I think ,comes out Dallas .

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All the files were ok. They have a office in Greta for now...

Edited by WeAre#1
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  • HadIt.com Elder

I'm IU and P&T, have been for 6 years and have never seen that Form! Should I send one in to CMA?!

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Red

The poster is talking about Individual Unemployability not Total and Permanent - YOU'RE OK

After 10 years the VA cannot take away your rating - but can reduce it (except if fraud is proven)

After 20 years the VA cannot reduce your rating (except if fraud is proven)

If you were 100% Total and Permanent for a period of ten years preceeding your death and were married to your wife during that whole period - she is eligible for DIC because no matter what you die of the VA must consider your death service connected. Here is an attached copy of that law:

The 10 year rule does not grant SC for death....but it gives all same benefits with the exception of monies paid for burial.

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I'm IU and P&T, have been for 6 years and have never seen that Form! Should I send one in to CMA?!

No, but you should make sure VA has your correct address so if they do send it you will get it.

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Read the law "continuously rated total for ten or more years . . . . . ."

Uh Um. You see you are so wrong.

You can read this under 38 C.F.R. § 3.1600 (a) and (:D. PLease do not hurt our friends by giving misleading information. It could be detrimental. read the VA website below to see as well.

http://www.vba.va.gov/bln/21/Rates/burial.htm

If you are IU, you must die of CS condition to get SC death benefits! If death is non-SC, you get non-sc death benefits

Edited by WeAre#1
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Hey buddy, when did I ever say IU could not get DIC? I did not. I guess i should have broken it down more specifically for you and said burial benefits. I took for granted you know more than you do. I won't make the same mistake twice!

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Red was talking about being total and permanent not IU. I responded correctly. It even says what I am quoting in the VA site you sent me too:

"DIC is a monthly benefit paid to eligible survivors of a . . . . .

• Veteran whose death resulted from a non service-related injury or disease, and who was receiving, or was entitled to receive, VA Compensation for service-connected disability that was rated as totally disabling

 for at least 10 years immediately before death"

Don't play silly xxxxxxx games with me xxxxxxx . . . . . If you think I'm wrong spell it out with the so-called correct information. Don't send people on a wild goose chase. I answered the man's question correctly. I mislead no one. You don't like it hit the ignore button you xxxxxxx clown. You need to improve your reading comprehension. I only addressed Total and Permanent - not one word regarding IU.

Did i not say "The 10 year rule does not grant SC for death....but it gives all same benefits with the exception of monies paid for burial"

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Red was talking about being total and permanent not IU. I responded correctly. It even says what I am quoting in the VA site you sent me too:

"DIC is a monthly benefit paid to eligible survivors of a . . . . .

• Veteran whose death resulted from a non service-related injury or disease, and who was receiving, or was entitled to receive, VA Compensation for service-connected disability that was rated as totally disabling

 for at least 10 years immediately before death"

Don't play silly xxxxxxx games with me xxxxxxx . . . . . If you think I'm wrong spell it out with the so-called correct information. Don't send people on a wild goose chase. I answered the man's question correctly. I mislead no one. You don't like it hit the ignore button you xxxxxxx clown. You need to improve your reading comprehension. I only addressed Total and Permanent - not one word regarding IU.

What you don't see is that VA pays one set of burial benefits for death which is service connected and death which is not. The issue is you are using the wrong terminology when you say the 10 year rule gives you service connection for cause of death. 38 USC 1318 gives all ancillary benefits except service connected death burial benefits. If you are on IU, meet the 10 year rule, and die from SC condition, VA would pay for transportation of deceased. If you are on IU, meet the 10 year rule, and death is not due to service connected conditions, VA will not pay for transportation. Quit embarassing yourself.

Edited by WeAre#1
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Did i not say "The 10 year rule does not grant SC for death....but it gives all same benefits with the exception of monies paid for burial"

oh, i did give you the right information!

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Yes you gave me the right information for what "YOU" were addressing but not the right information what I am responding to.

And I never mentioned anything about burial benefits! Only about DIC (benefits) for the survivor if the veteran died of something other than SC condition but was more than 10 years with a 100% "TOTAL" rating.

Look you made a post concerning IU. Within that thread Poster #18 Red asked:

"If you are 100%, this has no effect on you, right. How many years do you have to be P&T before it can not be taken away and how many years to you have to be P&T so you wifes continues to receive your benefits if you die. Also, does the time you were I/U count toward this time? Thanks"

I addressed the first two points (above) in my original post (Post # 11). I DID NOT ADDRESS HIS QUESTION REGARDING IU.

You are confusing my response as a response to the IU issue. I only addressed poster #18's question. My response had nothing to do with DIC and IU. It had every thing to do with DIC rules for a 100% Total disability rating (which the poster asked about).

Also I think you are confusing "the 10 year rule" regarding compensation with "10 year rated 100% and total" for DIC payments for the survivor. 38 USC Section 1318, a and b

I hope this clarifies the matter for you - I AM NOT TALKING ABOUT A TOTAL RATING BASED ON IU, I AM TALKING ABOUT A TOTAL RATING FOR A 100% SC'ed VETERAN. (NOT 50%, 60%, 70%, 80% OR EVEN 90% IU OR TDIU)

REMEMBER I AM TALKING ABOUT 100% T&P not someone being paid at the 100% rate because of TDIU or IU. I WAS WRONG BECAUSE I DID NOT ATTACH 100% TO MY STATEMENTS. It would be so much easier for you to point that out than insist I was making a statement regarding a totally different matter. That is the exact reason vets have to spend years getting their claims settled with the VA (one talks oranges, the other apples).

NOW, since you are so aware of IU could you please answer the third part of Red's question so he can get a complete answer to his post:

:.....Also, does the time you were I/U count toward this time? Thanks"

I was simplyadding to what good facts you gave that person. I fully understood what you said. You must not understand what i am saying.....that is sad

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  • HadIt.com Elder

Guys, I think you are both right!

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  • HadIt.com Elder

Dependency and Indemnity Compensation (DIC)

Grandfather's Laws - United States Code, Title 38

Father's Laws - Code of Federal REgulations, Title 38

VA Regulations - All of the above plus circulars and manuals to include M21-1RW

USC, TITLE 38, PART II, CHAPTER 13, SUBCHAPTER II—DEPENDENCY AND INDEMNITY COMPENSATION

§ 1310. Deaths entitling survivors to dependency and indemnity compensation

§ 1311. Dependency and indemnity compensation to a surviving spouse

§ 1312. Benefits in certain cases of in-service or service-connected deaths

§ 1313. Dependency and indemnity compensation to children

§ 1314. Supplemental dependency and indemnity compensation to children

§ 1315. Dependency and indemnity compensation to parents

§ 1316. Dependency and indemnity compensation in cases of prior deaths

§ 1317. Restriction on payments under this chapter

§ 1318. Benefits for survivors of certain veterans rated totally disabled at time of death

Code of Federal Regulations, Title 38, CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS, PART 3--ADJUDICATION, Subpart A--PENSION, COMPENSATION, AND DEPENDENCY AND INDEMNITY COMPENSATION

§3.5 Dependency and indemnity compensation.

§3.10 Dependency and indemnity compensation rate for a surviving spouse.

§3.22 DIC benefits for survivors of certain veterans rated totally disabled at time of death.

§3.25 Parent's dependency and indemnity compensation (DIC)--Method of payment computation.

§3.30 Frequency of payment of improved pension and parents' dependency and indemnity compensation (DIC).

M21-1MR, Part 4 - Compensation, DIC, and Death Compensation Benefits

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