tdiu What Words Infer Iu?

[cowgirl]

Does unemployability or IU have to be mentioned in a claim to be 'inferred'? Or is a IU rating inferred or considered when the claim ratings for sc conditions flag high enough? Meaning, hope this makes sense, for example, rating increases from 20% to 90%, would IU be considered or inferred due to increase of 60% and 30% sc conditions? When and how would IU be offered by the VA? Would IU be offered by mail after the ratings or is it possible VA would combine IU into the ratings? Mostly I hear veterans recieve IU paperwork after meeting the minimum criteria.

From what I understand, IU should be considered or offered if warranted. But even without the paperwork, are specific word or set of words required to be there to infer IU - like 'unemployed' or 'unable to maintain work'?

Just puzzled what 'infers'.

Your freindly Hadit Cowgirl tryin to get bacon back in the fat.

[Pete53]

Truth is infer means about anything the VA wants it to mean. I have been cheated out of thousands of dollars cause the VA did not follow the law or its own regs.

For the VA to pay the Vet ask to ask and better ask in the VA approved way.

[Bonzai]

SC increases to 60% and 30% only add up to 75% SC, remember your VA math! :P

That is still enough for consideration for TDIU:

38CFR4.16

[Code of Federal Regulations]

[Title 38, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 38CFR4.16]

[Page 367-368]

TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF

CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS

PART 4_SCHEDULE FOR RATING DISABILITIES--Table of Contents

Subpart A_General Policy in Rating

Sec. 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)

(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]

As far as anything being inferred, that is subject to human interpretation. Do you want to 'trust' that the VA will work in your best interests? I would submit for TDIU ASAP KWIM?

I hope this helps,

Louis

Edited August 6, 2009 by Bonzai

[Berta]

If a vet is not rated at 70% but the record shows they receive SSA solely for the same disability-the VA should "infer" it.

But I wouldn't depend on them to do that.

If VA infers TDIU and then sends the VA the TDIU form-time and comp has been lost already in some cases because the veteran might well have been TDIU by medical evidence during their whole claim process.The EED will be the date the TDIU form has.

A vet on SSA for solely SC conditions who gets TDIU can often get a more favorable EED of a year prior to sending them the TDIU form if the SSA award solely for SC pre -dates the TDIU form's receipt by the VA.Or at least an EED that reflects their last day of work-which could be less then one year but a more favorable EED that the TDIU receipt date.

[Berta]

Forgot to add-

If you get SSA makes sure the VA has your authorization form for these records and then attempts to actually get them.

I se BVA remands where the VA knew the vet received SSA but those records were not in the file and this is prejudicial to any veteran who has filed for TDIU.

If the VA doesn't get them- their value as prime facie evidence is lost.

[john999]

According to the VBM anything in your record that the VA knows about that might be seen as a roadblock to employment could infer IU. Just having a bad smell because of a foot condition could be seen as inferred IU according to the VBM. The VA has a special working definition that rules out about 90% of people who have inferred claims. They insist that you must have the percentages of disability (60% or higher) to be considered. If you are on SSD for a SC condition and the VA knows it that is an inferred claim for IU, but the VA won't infer it. They will let you die before they will infer it. I know a guy who was on SSD for ten years but the VA continued to rate him only 50% for the same condition. He had to file a claim for IU and get an IMO to get his IU. Even in that case the VA fought it.

[WHOLESALE]

Berta, I definitely agree with the SSD thingy. I been on SSD for same S/C condition for 3 years and never have received a TDIU form from VA. I did print one off the web and send it in myself though.

frank

If a vet is not rated at 70% but the record shows they receive SSA solely for the same disability-the VA should "infer" it.

But I wouldn't depend on them to do that.

If VA infers TDIU and then sends the VA the TDIU form-time and comp has been lost already in some cases because the veteran might well have been TDIU by medical evidence during their whole claim process.The EED will be the date the TDIU form has.

A vet on SSA for solely SC conditions who gets TDIU can often get a more favorable EED of a year prior to sending them the TDIU form if the SSA award solely for SC pre -dates the TDIU form's receipt by the VA.Or at least an EED that reflects their last day of work-which could be less then one year but a more favorable EED that the TDIU receipt date.