Jump to content
Ads Keep HadIt.com Online. Consider Turning Off Ad Blockers to Keep HadIt.com Online! ×
  • 0

I.u. Question Help?


newbe

Question

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!

Link to comment
Share on other sites

  • Answers 11
  • Created
  • Last Reply

Top Posters For This Question

11 answers to this question

Recommended Posts

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

Link to comment
Share on other sites

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

Link to comment
Share on other sites

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.

Link to comment
Share on other sites

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).

Link to comment
Share on other sites

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.

Link to comment
Share on other sites

Guest Namvet6567

Newbe - To answer your first questions - yes, any additional evidence can be added in your appeal but make sure it has probative value. A couple of things I want to mention - If, when you were first applying or appealing, for that original 20%, you mentioned inability to work or that you were unemployable and the VA did not address it in their "Reasons and Bases" section of the decision that issue remains open - meaning that the VA was required to decide on the unemployability issue and did not. That means that section of the claim remains open and you can appeal back to that date. The VA will often deny unemployability by stating, in the reasons and bases section, that you have been awarded the maximum amount allowed for your disability and then quote 38 CFR 4.16(a) but not 4.16(b). You should review your complete c-file and VA medical records for errors or missing documents. Often evidence from the VA medical center (VAMC) you think is there, isn't because they haven't request the medical records. Also bear in mind that the VA can do what they please, meaning deny, even though you have excellent evidence but that you "will" win, if you continue to appeal. Never believe anything a VA employee says cuz if it can't be read, it wasn't said. All issues with the VA must be written so that they can be appealed. It sounds like your work history will be very probative evidence. I'd advise applying for SSDI and using the date you first became too disabled to work as your first disabled date. This would be the first time you can show a loss of employment due to disability or that your income went below the poverty rate. Don't let SSDI tell you you can't do it. Good luck!!

Link to comment
Share on other sites

Thank you all for the replies. I DON'T MEAN TO RUN ON BUT B)

I)

You see, I recently received a Denial Letter from the RO.

He states that I have an open appeal for Back and Feet.

I appealed when they denied me in 2003.

Forgot about it, and then applied for I.U.

You're right the Appeal timeline is great.

But I'm wondering what to do with this open Appeal.

I figure I'll just submit more medical documentation to support the 2003 pending Appeal

So they can make a decision of higher rating or not; in the next couple of months.

Then Appeal the I.U. decision within 12mo of Denial for that claim.

What do you guys/gals think about this? Is this the best way to go about it?

II)

I've read some postings about Neuropsychological testing! I've picked up some clues that the VA tries to figure out if you’re Malingering? What is that? Do they mean because of Drug use or something. Not sure what this about. And I was told by my VA counselor that there is evidence of head trauma? I've never used drugs and no history of head trauma.

Boy did I laugh when they told this to me. They aren't doctors and I have never had any incident noted in my medical chart regarding "Head Trauma". So I don't see why I should even take this exam!

Does anyone know what this test is Really for? Is our government that cheap that they can't pay for damage to those whom paid the price for FREEDOM?

Link to comment
Share on other sites

Ohhhhhh, I amend that last comment.

I did have an auto accident a few years back. which caused more back damage. I submitted this information to VA. I guess head trauma affects the back and spine. Didn't think about that. But I'm just a little worried because i know the VA takes short cuts with health care issues.

oh boy. he, he

Link to comment
Share on other sites

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.

frosty69 - yes i see part B but even if we all know exactly what part they are ignoring, how do we get them to consider this if we believe they are avoiding this section? curious.

Link to comment
Share on other sites

newbe

Like other have said here, just point out what you feel they are not taking into consideration, which is part B, and appeal until you win, nothing to lose, that is what I filed a EED for, they never considered part b for me either, and have appealed this for the last couple of years and will appeal until I am dead, then will let the wife take over to file the appeals, if it comes to that.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery instead of ‘I have a question.
       
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
       
    3. Use paragraphs instead of one massive, rambling introduction or story.
       
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
     
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
     
    Examples:
     
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
     
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
     
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
     
    Note:
     
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • VA Watchdog

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines