Iu

[usmcfigdaddy]

I have recently received a rating of 50% from the VA but I have just lost my job due to the company that I worked for went bankrupt and at the time of my c&p I was still working.Will this help me to ask for an increase and claim iu?

[Teac]

1. Since you are only rated 50% you do not even meet the schedular requirements for IU. You must be rated 60% for one medical issue, or 70% combined, to meet the basic requirements.

2. You must show that you lost your job due to service connected disability, ( this you cannot do) or you must show that if not for your service connected disability you would be able to find employment.

3. Before you ask for IU, you should consider asking for a rate increase in you disability rating that is if you have new medical evidence that shows you condition has worsened over time. If you get an increase in disability then you may meet the 60%/70% rule, and ask for IU. ( You can ask for an increase in disability and IU at the same time). or

4. You could ask your doctor for a written medical opinion stating you cannot work due to your service connected disability, but your doctors must have medical evidence of record to write such a statement. If you were to get such an opinion, then it is possible that you might be awarded IU.

[jim n ok]

1. Since you are only rated 50% you do not even meet the schedular requirements for IU. You must be rated 60% for one medical issue, or 70% combined, to meet the basic requirements.

2. You must show that you lost your job due to service connected disability, ( this you cannot do) or you must show that if not for your service connected disability you would be able to find employment.

3. Before you ask for IU, you should consider asking for a rate increase in you disability rating that is if you have new medical evidence that shows you condition has worsened over time. If you get an increase in disability then you may meet the 60%/70% rule, and ask for IU. ( You can ask for an increase in disability and IU at the same time). or

4. You could ask your doctor for a written medical opinion stating you cannot work due to your service connected disability, but your doctors must have medical evidence of record to write such a statement. If you were to get such an opinion, then it is possible that you might be awarded IU.

you must be 40% for one rating with a combined of 70% to be considered for tdiu.

i have seen 60 get it before but it's not frequent.

[sharon]

(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.

[john999]

If you can prove that you are unemployable due to SC condition the VA will probably bump you up to 60-70% and award IU. This is there way of getting around awarding someone with a 30% rating who is unemployable IU. I know because I filed for IU when I waw 30% and they bumped me up to 70% and eventually granged IU after a long fight. It would not hurt to apply for SSD. If you are going to go this route be prepared for a long wait without money coming in the door. If you are not IU you will probably end up going back to work due to the economic stress of being broke for what could be years. Even with the wind at your back it will probably take a year to 18 months to get your IU. Get ready to pawn your watch and chain. Are you getting unemployement insurance now? For most having to file for IU is a great hardship unless you are sitting on a pile of cash or have some other source of income besides your job.

[pacmanx1]

jim n ok/Teac

you must be 40% for one rating with a combined of 70% to be considered for tdiu. i have seen 60 get it before but it's not frequent.

This statement is not 100% truth, A veteran can be rated any percentage and get IU. He/She must be service connected and have a doctor's statement stating that his/her disabilities makes him or her unemployable and give a rational but the veteran must ask for IU, VA most likely will not automatically consider for extra schedular consideration.

It may be rare but it is possible.

( 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.

Edited September 22, 2009 by pacmanx1

[Testvet]

jim n ok/Teac

This statement is not 100% truth, A veteran can be rated any percentage and get IU. He/She must be service connected and have a doctor's statement stating that his/her disabilities makes him or her unemployable and give a rational but the veteran must ask for IU, VA most likely will not automatically consider for extra schedular consideration.

It may be rare but it is possible.

( 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.

And the chance of having the "extra schedular award" made is about the same as a snowball in hell you need to get you SC conditions raised or if you have secondary conditions from your primary sondition that you have not had rated or even filed a claim for now would be the time to do just that.....