Iu Question

[tami]

Good afternoon everyone. I was recently awarded sc for Multiple Sclerosis, which bumped me from 80% to 90%. Unfortunately, I had not found this site prior to putting in my request so I wasn't aware I needed to put all of the fun stuff that comes with MS on my paperwork, which I am in the process of doing now. I recently received paperwork from VA stating they are working on my request for IU, which I DID NOT request.

Please correct me if I am wrong, but if I get approved for IU, that means I CAN NOT work, therefore, they would most likely deny me VOC rehab? (I am currently working) I was also under the impression that in order for me to be eligible for IU, I would have to be rated on the disability with the highest rating?

I called the 800# ( i know, I know) and I am even more confused, as he told me that could still work, but i couldn't be gainfully employed, but he really couldn't explain that to me

I am sorry if I don't make sense( its part of MS ) any suggestions would be greatly appreciated. I know I will eventually have to stop working because it is draining, but I would rather it be schedular so I still have that option.

60% Meniere's

30% Multiple Sclerosis

30% Asthma

30% Migraine

10% numbness L foot

10% numbness R foot

Thank you

Tami

[stillhere]

Tami, It looks like the VA is going to go a head and look at whether they feel they should grant you IU and this happens when someone gets close to 100% and their disease is life threatening. I applied for increase for my heart disease and actually told them to please consider me for IU if they did not give me schedular. They not only gave me 100% but also housebound and made it all P&T.

Your claim may work out for you yet. As far as you working part time for as long as you can as long as you don't make over the poverty amount I think that is what the 800# was talking about. That subject gets beat around quite a bit, some feel if you file that you can not work then you can't. I have not decided myself if I want to work a little or just volunteer to make my days feel like something.

If I were you and you really feel like you do not want IU I believe you can wait and see how your award goes and if they award 100% then your fine to work and If they award the IU send them a letter and tell them you did not want that. If I were you though I would think long and hard about that.

good luck to you!

[Notorious Kelly]

Tami,

This is what I found:

Can I Work?

Veterans who are in receipt of Individual Unemployability benefits may work as long as it is not considered substantially gainful employment. The employment must be considered marginal employment.

• Substantially gainful employment is defined as employment at which non-disabled individuals earn their livelihood with earnings comparable to the particular occupation in the community where the veteran resides.
  
  
  • Marginal employment is generally deemed to exist when a veteran's earned income does not exceed the amount established by the U.S. Census Bureau as the poverty level for the veteran only. For more information on the U.S. Census Bureau's poverty thresholds, see http://www.census.gov/hhes/www/poverty/about/overview/measure.html

I'd want any answer from the VA regarding this matter in writing (as opposed to what someone on the phone might say).

Edited July 26, 2010 by Notorious Kelly

[pacmanx1]

Good afternoon everyone. I was recently awarded sc for Multiple Sclerosis, which bumped me from 80% to 90%. Unfortunately, I had not found this site prior to putting in my request so I wasn't aware I needed to put all of the fun stuff that comes with MS on my paperwork, which I am in the process of doing now. I recently received paperwork from VA stating they are working on my request for IU, which I DID NOT request.

Please correct me if I am wrong, but if I get approved for IU, that means I CAN NOT work, therefore, they would most likely deny me VOC rehab? (I am currently working) I was also under the impression that in order for me to be eligible for IU, I would have to be rated on the disability with the highest rating?

I called the 800# ( i know, I know) and I am even more confused, as he told me that could still work, but i couldn't be gainfully employed, but he really couldn't explain that to me

I am sorry if I don't make sense( its part of MS ) any suggestions would be greatly appreciated. I know I will eventually have to stop working because it is draining, but I would rather it be schedular so I still have that option.

60% Meniere's

30% Multiple Sclerosis

30% Asthma

30% Migraine

10% numbness L foot

10% numbness R foot

Tami, in using the VA fuzzy math, you would need another condition that was rated as 60% to get the rating of 100% schedular or a few more conditions that would give a combined total of 60% to get the 100% rating you are looking for. The closer you get to the 100% rating, the harder it is to get it. Your total disabilities would have to be around 230% and VA would combine them to 100%. For claims for TDIU, VA uses all the veterans service connected disabilities.

http://www.hadit.com..._calculator.php

Stillhere,

Whenever a veteran reaches the criteria for IU, at least 60% for one disability or 70% for combined disabilities VA is "suppose" to evaluate their disabilities for TDIU. This does not happen a lot so it is up to the veteran to file a claim for IU or ask VA to CUE themselves.

§ 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 non-service 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.

Edited July 26, 2010 by pacmanx1

[mobie16r]

This just my opinion,if you didnt request IU,VA will not grant you IU.Now that i said that,when you get a rating of 70% or more va is require to send you a unemployability form and if you request IU,you wlll have to prove you are not gainful employable due to your service connected disabilities.

mobie16r

[tami]

Thanks everyone!

[stillhere]

Thanks Pete, I have read that section many times and have been in many discussions with vets about it. There seems to always be a bunch of hard cases that insist if you can't work then you can't work period. I like you do not believe this to be true and can not see folks sitting around doing nothing until they die!

Even on SS you are allowed to make a few bucks! If Tami wants and if she gets 100% by way of IU she can try to keep working and the VA will take it away. She could keep working until her MS is to much to handle and then apply for IU or increase. It is pretty clear she is in control here and not the VA.