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murph

Question

Does age effect a claim for IU,example if a veteran is 65 and collecting social security and with the new diseases for agent orange, the veterans disability increases

to 60% for one disability or 70% with one 40% can veteran put in a claim for IU

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  • HadIt.com Elder

The Va is not allowed by law to discriminate based on age like SSDI is.

They look at the percentage of disability in regards to how much it hampers your earnings capacity.

Your age is a non factor.

J

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§ 3.341 Total disability ratings for compensation

purposes.

(a) General. Subject to the limitation

in paragraph (:D of this section, totaldisability

compensation ratings may be

assigned under the provisions of § 3.340.

However, if the total rating is based on

a disability or combination of disabilities

for which the Schedule for Rating

Disabilities provides an evaluation of

less than 100 percent, it must be determined

that the service-connected disabilities

are sufficient to produce

unemployability without regard to advancing

age.

(Authority: 38 U.S.C. 1155)

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  • HadIt.com Elder
Does age effect a claim for IU,example if a veteran is 65 and collecting social security and with the new diseases for agent orange, the veterans disability increases

to 60% for one disability or 70% with one 40% can veteran put in a claim for IU

So, the answer would be.........?

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  • HadIt.com Elder

I think the answer would be "yes" if you have a doctor say that you cannot work solely due to your SC conditions. You might be 70 years old, and want, and need to work even if you are getting SSA. If you can't because of a SC condition then you should get 100% or IU.

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