Jump to content
  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • 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

  • Advertisemnt

  • Advertisemnt

  • Ads

  • 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

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Available Subscriptions

Question

Just got the white envelope from the VA today. IU denied.

"Entitlement to individual employability is denied because the evidence does not show you are unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities."

I guess these guys wanna see how many times they can deny me before I finally give up. Looks like I may have to enlist the help of the DAV this next go-around.

Kappa

Share this post


Link to post
Share on other sites

Recommended Posts

Do you get SSD? If you do the VA should make your TDIU automatic. How long has it been since you worked?

Please hang in there you earned it.

Share this post


Link to post
Share on other sites

Ad

So was this a first claim for IU or a nod? is appeal next? Sure wish you get whats needed soonest. My exams are ongoing for iu, probably be late summer before my nod is done.

If you have ssdi, is the major condition a sc issue? or secondary even?

Kammi, if you post the exam results of the claim, minus personal information, maybe we could work it out.

Best to ya, if iu or ssdi whats due you, keep at it!

Cg'up2009!

Edited by cowgirl

Share this post


Link to post
Share on other sites
Do you get SSD? If you do the VA should make your TDIU automatic. How long has it been since you worked?

Please hang in there you earned it.

Getting SSDI is not an automatic for TDIU. I receive SSDI for PTSD and am 50% for PTSD, 80% total and received the same verbage in my denial. Because I have an MBA they are assuming that I can get some kind of work. I gave up on the DAV and got an attorney. Yes it will cost me 20% of the back pay, but with my PTSD I was getting so frustrated dealing with it that it is better that I have an attorney handle it. The attorney will evaluate your case and not go forward unless he/she feels that you have a good case. There are many fine attorneys out there, I am using Mark Lippman from the Veterans Law Center. If you filed your NOD after 6/1/07 then you can get an attorney. They take no money up front, in fact Mark Lippman will advance the costs for medical exams if necessary and if you don't win you do not have to repay it. I would guess that many attorneys do the same thing.

Hang in there, and keep on fighting!

Share this post


Link to post
Share on other sites

I got TDIU and the interesting part it this.. My single highest rating is for a mental disorder.. but for my TDIU award they didn't even consider it, they awarded it to me based on my physical disabilities. Also the fact that I could not keep jobs due to the disabilities helped.. I even had to give up jobs due to the mental disorder, and they didn't consider it in the decision.

Just thought it was odd.. My occupation is professional and not manual labor.. so me being able to sit at a desk was not an issue. Really both contibute to me not being able to work, but the mental disorder does interfere with being able to work.

The VA seems to have an issue with the mental disorder and IU.

Share this post


Link to post
Share on other sites

Good afternoon all,

Thank you for your replies. I am going to try to answer a few questions and then post the part of my claim that has to do with the denial of TDIU. Please bear with me. I tend to get frustrated easily and it may lead to spelling errors.

From Pete53: Do you get SSD? If you do the VA should make your TDIU automatic. How long has it been since you worked?

Yes, I do get SSD. As a matter of fact I got in on your advice, THANKS! I haven't worked since June of 2007.

From Cowgirl: So was this a first claim for IU or a nod? is appeal next? Sure wish you get whats needed soonest. My exams are ongoing for iu, probably be late summer before my nod is done.

If you have ssdi, is the major condition a sc issue? or secondary even?

Kammi, if you post the exam results of the claim, minus personal information, maybe we could work it out.

This was the second time I submitted a claim for IU. The first time I submitted one when I had an attorney working on my NOD back in July or August of 2007. The attorney bailed on me but I got an increase from 50% to 70%, TDIU denied.

I filed for SSD with the same attorney based soley on my service connected disabilities and was approved on the first go 'round. Don't understand why the VA is giving me a hard time about it.

From Shark: Getting SSDI is not an automatic for TDIU....

It looks like I may have to get an attorney again for this as well. My original NOD was filed after June 2007, so I should be okay. Like you, the PTSD causes me to get too frustrated to handle this on my own as well.

Here a little history of my sc'd claims:

2004

PTSD 0%

Lumbar sprain with scoliosis 10%

Bilateral pes planus 10%

Sinusiti/allergic rhinitis 10%

Bilateral inguinal lymphadenopathy 0%

Total: 30%

2006 (Submitted Request for Increase)

PTSD 30%

Lumbar sprain... 10%

Bilateral pes... 10%

Sinusitis... 10%

Bilateral inguinal... 0%

Total: 50%

2007 (Submitted NOD, TDIU, applied for SSD)

PTSD 50%

Lumbar sprain... 20%

Bilateral pes... 10%

Sinusitis... 10%

Bilateral inguinal... 0%

Total: 70%

SSD approved December 2007, TDIU Denied September 2008

2009

6. Entitlement to individual unemployability.

Entitlement to individual unemployability is denied because the evidence does not show you are unable to secure or follow a substantially gainful occupation as a result of service connected disabilities.

On your VA Form 21-8940, you stated your service connected disabilities resulted in you release from employment as a recruiter for __________ in Temecula, California. In our letter dated May 2009, we informed you that even though we asked you former employer for employment verification, it was you r responsibility to see we received it. We received a response from The Work Number that provided your pay information but did not provide a reason for termination. (the company is not allowed to give out that imformation, even i could not get it). Your social security records were reviewed, yet they did show an inability to work due to service connected disabilities. (is that a typo or does it say that SSD shows that my sc'd disabilities prevent me from working?)

Your VA examinations in May and June 2009 do not support your contention that your service-connected disabilities prevent you from securing or following any substantially gainful occupation. (i disagree, the exams were rushed, and the one with my sinuses, the doctor looked at the CAT scan and said that it was a BIG problem that should have been treated a long time ago, and sent me to get a consult from my pri. care. to see him. He didn't even examine me.)

Generally, entitlement to individual unemployability is warranted when you have been found unable to secure or follow a substantially gainful occupation as a result of service connected disabilities aside from non service connected factors. A high rating in and of itself does not support entitlement to individual unemployability. The question is whether or not you are capable of performing the physical and mental acts required by employment (which I cannot), not whether you can find employment (right here it sounds like they are calling me stupid or lazy). Usually, the evidence must establish that your service connected conditions have precluded employment continuously since the date of incurrence or the date the conditions reached a static level of disability. Additionally, the effects of extraneous factors such as age, non-service connected conditions, intercurrent injuries, availability of work, or voluntary withdrawal from the labor market are not determing factors in whether you are unemployable solely by reason of service connected disability.

The law provides that individual unemployability may be granted where there is one disability evaluated as 60 percent disabling, or two or more disabilities, one of which is 40 percent with a combined evaluation of 70 percent or more (i think that this applies to me). These percentage standards are set aside only when the evidence clearly and factually shows the veteran has been rendered unemployable solely due to service connected disabilities regardless of their individual and combined percentages. Such cases are submitted to the Director of the Compensation and Pension Service for extra-schedular consideration only if the evidence shows you are unemployable due to service connected disabilities.

The current evidence does not show your service connected disabilities prevent all forms of gainful employment, therefore, entitlement to individual unemployability is denied.

Is there something I'm missing here? I'd like your advice here at hadit before or regarding the involvement of advocacy groups or attorneys. Thanks for your help.

Kappa

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • SHOW YOUR SUPPORT: Ad Free Subscriptions to the Forum available
      Ad free subscriptions are available for the forum. Subscriptions give you the forums ad free and help support the forum and site. Monthly $5 Annually $50 https://community.hadit.com/subscriptions/

      Every bit helps - Thank you.

       
      • 0 replies
    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 0 replies
    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 
×

Important Information

{terms] and Guidelines