ptsd Ptsd Effective Date And Iu

[cowgirl]

If sc, is there a case or rule to help me correct both ptsd and IU eed to first claim?

Thank you

Edited October 28, 2009 by cowgirl

[supportmyfellowvet]

"in the judgment of the rating agency"

Correction:

VA regulations provide that:

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 . . . . 38 C.F.R. 4.16(a) (1994).

[supportmyfellowvet]

oOPS I did forget to mention that I believe the VA should just grant I.U. or award TDIU to a person who is elderly and at retirement age.

B)

I agree with Philip-

and need not bore anyone again with my husband's case that proves Philip's point as well as a NSC vet I helped get 100%SC in 3 months.

Both of these veterans had medical evidence of total disability and unemployability due to SC disability.

Actually I am Positive Philip got at least one vet from 10% -right to 100% a few years ago on the old hadit board.

[Wings]

x

x

x

38 C.F.R. 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]

38 C.F.R. 4.18 Unemployability.

A veteran may be considered as unemployable upon termination of employment which was provided on account of disability, or in which special consideration was given on account of the same, when it is satisfactorily shown that he or she is unable to secure further employment. With amputations, sequelae of fractures and other residuals of traumatism shown to be of static character, a showing of continuous unemployability from date of incurrence, or the date the condition reached the stabilized level, is a general requirement in order to establish the fact that present unemployability is the result of the disability. However, consideration is to be given to the circumstances of employment in individual claims, and, if the employment was only occasional, intermittent, tryout or unsuccessful, or eventually terminated on account of the disability, present unemployability may be attributed to the static disability. Where unemployability for pension previously has been established on the basis of combined service-connected and nonservice-connected disabilities and the service-connected disability or disabilities have increased in severity, §4.16 is for consideration. [40 FR 42536, Sept. 15, 1975, as amended at 43 FR 45349, Oct. 2, 1978]

[cowgirl]

Thank you Wings, you are so timely and helpful. I am praying 24/7 that this dedicated rater will make the correct effective date decision for unemployability if at all possible. Never in my life had I ever planned to get to a stage such as this, asking for compensation benefits. Thank you for being a intregal part of Hadit, the facts you provided are just right. Sometimes when I think its nearly time to give up on 'stuff', my Hadit family reaches straight out, grabbing and carrying me forward.

Humble,

Cowgirl'up2009!

(Stressed and depressed here, but know that too shall pass...)

[Wings]

Thank you Wings, you are so timely and helpful. I am praying 24/7 that this dedicated rater will make the correct effective date decision for unemployability if at all possible. Never in my life had I ever planned to get to a stage such as this, asking for compensation benefits. Thank you for being a intregal part of Hadit, the facts you provided are just right. Sometimes when I think its nearly time to give up on 'stuff', my Hadit family reaches straight out, grabbing and carrying me forward.

Humble,

Cowgirl'up2009!

(Stressed and depressed here, but know that too shall pass...)

You're welcome Darlin'!!! ~Wings

[luvHIM]

Thanks Wings!!

Supportmyfellowv...: I beg to differ..My combined rating is currently 60% and I am Tdiu P&T. So, 100% comp with chapter 35 benefits and ID card.

Not sure where you got your info.

Edited October 13, 2009 by luvHIM