tdiu Individual Unemployability

[yankeeinbaguio]

I am 75 years old retired from the USN. I met the IU requirement with 60, 40, 20. I am am at 80% now. I filed for IU and was denied and the reason for denial is : i have reached 4th year of college and have worked as an office personnel office during my military service. I have also received electrical and technical training during my military service. VA examination results DO NOT SHOW symptoms or manifestations that are so severe to render me incapable obtaining and retaining gainfull occupation in an office setting. I am preparing a letter of consideration to my denied IU claim. What will be your recommendation and arguments to put on my letter. Who will hire me at age 75 and residing in the philippines.

[poolguy11550]

Sorry, but I'm in the other camp for age and IU. I feel that IU should stop when you are eligible for SSI. Your rating should then go to what is was before the IU. I can't see someone collecting all the extra money when they should be retired from working anyway. It's to hard to split hairs saying it's a S/C condition preventing work or just old age. I'm old enough to know that we can all agree to disagree and still get the job done.

So, you see it being fair that a disabled veteran whom could not work for many years take a benefit deduction because he/she is at the age of retirement. Whereas, the healthy person whom holds down a job and eventually retires with a retirement check from that same employer and their SS check.

There in lays the dilemma, I see your point and pondered the issue seriously. However, I think the way it is currently is more fair than any other ideals out there.

[john999]

In days gone by those who were deemed unable to work because of a SC condition were rated 100% schedular. That was changed some years ago. It is pretty obvious to me that if you can't work then you are 100% disabled. That is the criteria that SSA uses and almost every other benefit organization uses to determine 100% disability.

[robert51]

I think its because he is in the Philippines unless he was born here the va figures he 99% can not get a job so he came here to retire and to apply for IU here is a very hard road .. better to go to the US and apply

[ArmyTexas]

So, you see it being fair that a disabled veteran whom could not work for many years take a benefit deduction because he/she is at the age of retirement. Whereas, the healthy person whom holds down a job and eventually retires with a retirement check from that same employer and their SS check.

There in lays the dilemma, I see your point and pondered the issue seriously. However, I think the way it is currently is more fair than any other ideals out there.

Yep, he/she should take a beneift reduction because the VA is not their employer. The person that retires from a private employer rarely get 100% of his/her salary, it's usually based on the number of years and final salary.

IU is not 100%, it's usually 60,70,80, or 90% with the 100% pay. SSI is not for a disability, it's for retirement. Sorry, but it should be cut off when retirement age is reached. Although if the VA would rate people correctly for their S/C claims, they would be 100% schedular and this point would be moot.

[Pete53]

Army:

You should think about what you have said. If it was fair a Civilian with Disability Insurance who becomes disabled on the job their check should stop when they reached retirement age.

I became officially disabled in 1993 and by your reasoning my check should stop January 1, 2010. I only served 2 years when called in 1968.

That scenario would cause a lot of disabled Veterans to have to be forced to live their retirement in rather harsh conditions. I guess that would mean that DIC was out also when the spouse reached retirement age.