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Unemployability Comensation


Sapper

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I am trying to get raised to 70% for my PTSD or higher. If I do get the 70, I will be eligible for Unemployability I believe. My question for this is, if I do get unemployability, which would bring my payments up to 100% a month, will it be backpaid from the beginning of my claim, or would that only happen if I got a 100% rating? I confuse easily, this is probably a simple question, but I'm just seeing what the process is.

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I wouldn't worry too much about meeting the criteria. Here's why: special consideration is given to vets when they meet certain criteria. The VA will review your claim to see: (1) Is the veteran considered unemployable due to a service-connected disability(ies) but fails to meet the minimum percentage standards, and/or (2) Is there evidence of exceptional or unusual circumstances to impairment of earning capacity due to disabilities (for example, interference with employment or frequent periods of hospitalization). If you can prove either of these conditions, then the VA should grant you IU. I know they will in Houston.

Did your request IU and an increase in your PTSD simultaneously? Did you infer IU at all?

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No I haven't started an IU claim yet, but I am going in tomorrow to start the paperwork. Just got my news of an increase to 70% Today

I wouldn't worry too much about meeting the criteria. Here's why: special consideration is given to vets when they meet certain criteria. The VA will review your claim to see: (1) Is the veteran considered unemployable due to a service-connected disability(ies) but fails to meet the minimum percentage standards, and/or (2) Is there evidence of exceptional or unusual circumstances to impairment of earning capacity due to disabilities (for example, interference with employment or frequent periods of hospitalization). If you can prove either of these conditions, then the VA should grant you IU. I know they will in Houston.

Did your request IU and an increase in your PTSD simultaneously? Did you infer IU at all?

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  • HadIt.com Elder

You will be retroactively paid back to the date the VA Regional Office receives your Form 21-8940. The VA will not "inferr" that you really were unemployable back to the date you filed for an increase in your PTSD.

Filing the Form 21-8940 IS, actually, filing for an increase in your disability, that is actually how the form is referred to (An Application for Increase in Disability Due to Umemployablity, or some such nomenclature).

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  • HadIt.com Elder

I would file a NOD on the 70% and add the TDIU to it with the form, under the presumption you were seeking the max allowed by law. Also, since you already have an existing award, you may be able to get them to go back a yr before the TDIU application date. It's worth a try. jmo

pr

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