tdiu What Words Infer Iu?

cowgirl · August 6, 2009

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 · August 6, 2009

Don't rely on VA to infer an earned benefit. You have to ask for it or in most cases you will not get it.

cowgirl · August 6, 2009

Thank you Pete, Bonzai, Berta, John and Wholesale. What you say is true, self advocate and fight the system to get a benefit due. Bonzai, thanks, but the rating isn't the issue, the 'interpetation' of what you posted is. Thats exactly where 'they' have the upper hand and 'interpet' it to mean anything they want and 'should' provide services&compensation for the veteran.

Say a Vet can get increased rating today for sc condition of 60%, but an earlier effective date of 10 years back is assigned. The veteran was unemployed when the rating initially met the critieria of 70% or more and remains unemployed. Should IU should be 'inferred'? Their call. My guess, 'they'll' probably NOT infer or approve IU to that date unless maybe there is proof 'wording' of unemployability in VA documents.

Don't we think the VA would interpet the laws on the books then and now to restrict an overdue IU award?

Only whats due a veteran.....

navydoc2 · August 7, 2009

Thanks all you guys for the information. I do have a question, what about the vet who has not applied for SSD? I applied for an increase for depression having been rated 30% to date and they sent me paperwork regarding IU after I submitted my claim. That seems to me that they infered IU. It also seems to me that they like Berta says would go back to the date I was last employed, at least i'm hoping. <_< The difference is huge as you can imagine 17 months so far to 6.

Berta · August 7, 2009

"which could be less then one year but a more favorable EED that the TDIU receipt date"

I have not seen them go back further than the one year time frame-it could be one year or less depending on the SSA findings.

I always use my husband as example here.

He asked for increase in his SC rating in 1992.

(30% PTSD)

He also applied for SSA and got SSA for a stroke.SSA EED was the day of the CVA.

I filed for him a reconsideration request because I found an SSA law that said they had to consider all disabilities.

A SSA lawyer we went to see -refused to take the reconsideration case so I pursued this myself.

In 4 months the VA had reconsidered and changed his SSA award to solely PTSD. They (SSA)also gave him a year more as the EED-using the last day he was employed.

He signed the VA authorization form for these SSA records.VA never got the records until I raised Hell.

They finally awarded him VA SC 100% for P & T 3 years after his death- using the same SSA date for the 100 % PTSD EED.

I got 2 years of his accrued but now the VA owes me the additional year under Nehmer Court order.

I have not seen the VA go back further then one year for EED -based on a SSA disability record

You dont have any really potential SSA EED yet until you apply for SSA and get an award from them.

They will determine the last day you were able to work.

navydoc2 · August 7, 2009

name='Berta' date='Aug 7 2009, 08:32 AM' post='159045']