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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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crimson0456

Dro Appeal For Increase

Question

When an appeal for increase is under appeal, based on the DRO's decision, if meeting the minimal percentage to qualify for IU, can the DRO grant IU even if a claim for it was not previously requested as their duty to assist?

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5 answers to this question

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If the DRO decides that the medical evidence warrants a rating of 70% the VA will grant that and then send you a TDIU form.

Sometimes but not very often a DRO could award 100% schedular.

Any vet whose SC disabilties render them unemployable and have medical evidence to back that up (such as a finding by Voc Rehab that their SCs prevent them from being given Voc Rehab or if they receive SSA disability benefits solely for SC conditions-or they have a strong IMO from a Psychiatrist or psychologist who has given a complete medical rationale to state they are unemployable due to service)

should apply for TDIU ASAP and not wait for VA to take them up to 70% and then get the TDIU form.

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If the DRO decides that the medical evidence warrants a rating of 70% the VA will grant that and then send you a TDIU form.

Sometimes but not very often a DRO could award 100% schedular.

Any vet whose SC disabilties render them unemployable and have medical evidence to back that up (such as a finding by Voc Rehab that their SCs prevent them from being given Voc Rehab or if they receive SSA disability benefits solely for SC conditions-or they have a strong IMO from a Psychiatrist or psychologist who has given a complete medical rationale to state they are unemployable due to service)

should apply for TDIU ASAP and not wait for VA to take them up to 70% and then get the TDIU form.

If I submit a claim for IU while my appeal for increase is pending, I think that will only further delay my appeal ? or should I send the TDIU form in regardless?

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If the DRO decides that the medical evidence warrants a rating of 70% the VA will grant that and then send you a TDIU form.

Sometimes but not very often a DRO could award 100% schedular.

Any vet whose SC disabilties render them unemployable and have medical evidence to back that up (such as a finding by Voc Rehab that their SCs prevent them from being given Voc Rehab or if they receive SSA disability benefits solely for SC conditions-or they have a strong IMO from a Psychiatrist or psychologist who has given a complete medical rationale to state they are unemployable due to service)

should apply for TDIU ASAP and not wait for VA to take them up to 70% and then get the TDIU form.

Right now I'm not even 50%

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sonny, I don't thank this falls under duty to assist. You need to get that ole IU form filled out and sent in if you feel you qualify.

They can do both at same time I think but only if you're trned in the IU form. Doesn't matter if you'rr percentage is low. they mihgt bump you to 70 and then IU.

You get that start date of IU in the records to to preserve it tooool. file for IU later get lesss retro in the end and they you think of all thet mula you could have gottne if you filed earlier.

get me point mate

When an appeal for increase is under appeal, based on the DRO's decision, if meeting the minimal percentage to qualify for IU, can the DRO grant IU even if a claim for it was not previously requested as their duty to assist?

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Right-

It doesn't pay to wait.

My husband was 30% and sent them the TDIU form.They never mentioned it at all in their decision for some reason.

They made a posthumous award-100% P & T for PTSD.

They gave the EED as his SSA award for PTSD date and used his clinical VA psychiatric records.

There is nothing on the TDIU form that requires a vet must have a certain percentage nor even in M21-1MR to be considered for and granted TDIU but desertstormvet is correct-best to send them the form yourself if you feel you cannot work due to your SC conditions.

Edited by Berta

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