I.u. Question Help?

[newbe]

hello all , i'm new to the board and thank heaven there's such a site.

i'm currently at 50% and applied for IU. i submitted documentation that shows living below the poverty level since 1996. i've not worked even half time since 1999.

i submitted statements from previous employers that say i'm not employable.

my question is:

if i submit an appeal within one year and can get my outside physician to submit medical documentation that i am unemployable and even write that i'm unemployable will this help my claim tremendously. or is this a waste of time?

i was denied an increase to when i was 20% for so long and finaly after getting a second opinion did VA let up.

Someone please help!

[WeAre#1]

Right now you do not meet criteria for IU. You need to get a medical opinion, possibly get an increase for disability or disablities, get a new service connection, and/or ask for extra schedular consideration

[newbe]

Right now you do not meet criteria for IU. You need to get a medical opinion, possibly get an increase for disability or disablities, get a new service connection, and/or ask for extra schedular consideration

thanks for the quick reply: forgot to mention that i'm 0% and 50%.

-medical opinion?

-so if i appeal with new information stating the disabilities are severe and worse plus include outside medical documentation will this work.

-and also ask for extra schedular consideration if VA finds no increase can be granted?

thanks

[Guest Berta]

Right now you do not meet criteria for IU. You need to get a medical opinion, possibly get an increase for disability or disablities, get a new service connection, and/or ask for extra schedular consideration

Newbie- do you mean you submitted the formal 21-8940 TDIU form?

Are you getting SSA disability benefits?

The affect of your SC meds, employee statements, and any independent doctor's report will certainly help your TDIU claim.

Send them copies only-by priority or certified mail and make sure your name and c file number is on everything you submit with a cover letter saying it is in support of your claim for TDIU and/or extraschedular.

Your annual SSA wage statements would be good too-

If you tell us what the 50% is for we might be able to help more.

[newbe]

hello again. sorry for the delay.

i'm 50% spinal back condition.

no SSI.

Is SSI needed before a vet can get IU?

[frosty69]

newbe

we are 1, only got part of it right, here is the regulation, look at part b, that would be the part that would apply to you, but it easier to get TDIU, with the 60 70 ratio, but the VA ius suppose to go by part b, but never mention it, they like to keep things secret.

§4.16 Total disability ratings for compensation based on unemployability of the individual.

(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. (Authority: 38 U.S.C. 501(a))

(B) 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.

[40 FR 42535, Sept. 15, 1975, as amended at 54 FR 4281, Jan. 30, 1989; 55 FR 31580, Aug. 3, 1990; 58 FR 39664, July 26, 1993; 61 FR 52700, Oct. 8, 1996]

Supplement Highlights references: 5(1), 19(1).

[ronfradkin]

Without addressing the specifics of your claim, my advice is: when in doubt, appeal. Whatever happens, do not miss your appeal deadline. Evidence, medical documentation and such can be obtained after you file your claim or appeal. You have nothing to lose; it costs nothing to file a claim; the worst that can happen is the VA will say no -- in which case, appeal again.

Bear in mind, even though claims take forever to be approved, the effective date is the date of the claim -- meaning whatever benefits to which you are entitled are retroactive to that date.