Jump to content
!! Advice given is in no way a substitute for consulting with a competent Veterans law firm, such as one on the NOVA advocate website !! ×
VA Disability Claims Community Forums - Hadit.com




  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question.
       
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
       
    3. Use paragraphs instead of one massive, rambling introduction or story.
       
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
     
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
     
     
    Examples:
     
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
     
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
     
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
     
    Note:
     
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • VA Watchdog

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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



HadIt.com Changes Ownership
  • 0

Extra-Scheduler Iu

emptyshell

Asked by emptyshell,

 Share

Question

emptyshell Enthusiast

emptyshell

Posted
Posted

I am currently at a 50% rating.

30%lumbar fracture, and 30% pain/mood disorder. I have not been employed since 1994

Been receiving SSD since 1996 and VA Voc rehab. states that they can no longer help me.

I have statements from my counselor that I am unemployable and sent letters from family members who state my current condition and how it affects my daily life.

I filed the proper forms for IU but on the from did not specify that I was requesting an extra scheduler IU 4.16b.

Now they have been working on my claim. I have sent them previous employers and my SSD award letter(granted due to service connected disabilities)

Will they come back and deny me cause I was not specific in telling to request this certain type of IU?

Can I call or send and letter and requesting a certain type of IU at this point or now do I have to wait to have them send me out a decision??

Link to comment
Share on other sites
  • Answers 7
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Popular Days

7 answers to this question

Recommended Posts

  • HadIt.com Elder
LarryJ Grand Master

LarryJ

Posted
  • HadIt.com Elder
Posted

Okay, I'm going to try to help you out here a little bit.

1. The corrrect form for instituting a claim for IU is VA Form #21-8940, VETERAN'S APPLICATION FOR INCREASED

COMPENSATION BASED ON UNEMPLOYABILITY. http://www.vba.va.gov/pubs/forms/vba-21-8940-are.pdf This form is, in all actuallity, a form for an increase in compensation due to an increase in your degree of disability of an existing service-connected disability.

2. The "IU" that you are referring to is actually, properly, referred to as TDIU which stands for "T"otal "D"isability due to "I"ndividual "U"nemployablity. This means that you are seeking total disability (100%) due to the fact that you are "unemployable" because of a condition that, although not great enough to cause a "schedular rating" of 100%, but that the condition is severe enough to cause you, in your particular "Individual" instance, to not be able to be employed.

3. Once you have sent this form 21-8940 in, then you will either be scheduled for a C&P to determine whether you are, in fact, unable to work, or they will just go ahead and grant you your TDIU based upon the progress reports of your psych team and/or the existing evidence of your Social Security profile.

No, they will not come back and deny you because you did not tell them what type of IU you were seeking (because there is just ONE type of TDIU and not a whole gamut of types).

No, don't call them and tell them anything at this point, if they are in fact working on your claim. You'd just muddy the waters, which, TRUST ME, you do NOT want to EVER do.

Take up a hobby. :wink:

Link to comment
Share on other sites


emptyshell Enthusiast

emptyshell

Posted
  • Author
Posted

Thanks LarryJ.....I did file the VA Form #21-8940 just get to second guessing myself.....just trying to cover all the bases....your right....I need to do something more than just thinking about this stuff 24/7 just consuming me.

Link to comment
Share on other sites
  • HadIt.com Elder
Philip Rogers Grand Master

Philip Rogers

Posted
  • HadIt.com Elder
Posted

LarryJ - wouldn't emptyshell be wise to request that an extra-schedular rating be considered because, as I understand it, the VA won't consider the extra-schedular rating unless it's specifically requested by the claimant?? Just asking . . . because I would've recommended he follow it up w/a letter requesting extra-schedular, should they deny the TDIU.

pr

Okay, I'm going to try to help you out here a little bit.

1. The corrrect form for instituting a claim for IU is VA Form #21-8940, VETERAN'S APPLICATION FOR INCREASED

COMPENSATION BASED ON UNEMPLOYABILITY. http://www.vba.va.gov/pubs/forms/vba-21-8940-are.pdf This form is, in all actuallity, a form for an increase in compensation due to an increase in your degree of disability of an existing service-connected disability.

2. The "IU" that you are referring to is actually, properly, referred to as TDIU which stands for "T"otal "D"isability due to "I"ndividual "U"nemployablity. This means that you are seeking total disability (100%) due to the fact that you are "unemployable" because of a condition that, although not great enough to cause a "schedular rating" of 100%, but that the condition is severe enough to cause you, in your particular "Individual" instance, to not be able to be employed.

3. Once you have sent this form 21-8940 in, then you will either be scheduled for a C&P to determine whether you are, in fact, unable to work, or they will just go ahead and grant you your TDIU based upon the progress reports of your psych team and/or the existing evidence of your Social Security profile.

No, they will not come back and deny you because you did not tell them what type of IU you were seeking (because there is just ONE type of TDIU and not a whole gamut of types).

No, don't call them and tell them anything at this point, if they are in fact working on your claim. You'd just muddy the waters, which, TRUST ME, you do NOT want to EVER do.

Take up a hobby. :wink:

Link to comment
Share on other sites
  • HadIt.com Elder
LarryJ Grand Master

LarryJ

Posted
  • HadIt.com Elder
Posted

LarryJ - wouldn't emptyshell be wise to request that an extra-schedular rating be considered because, as I understand it, the VA won't consider the extra-schedular rating unless it's specifically requested by the claimant?? Just asking . . . because I would've recommended he follow it up w/a letter requesting extra-schedular, should they deny the TDIU.

pr

I agree Phillip, "IF" they deny the TDIU.....................BUT, he seems to have all his quackers in a row for his TDIU claim, and, as we all know, it is best NOT to befuddle the folks at the Regional Offices with a multiplicity of claims. BUT, as you said, IF they do deny his TDIU then I'd be down at his Regional Office the very next business day with an app for extra-schedular. But he seems to be inline for TDIU, nicely.

Happy Holy Days, Everyone.

Link to comment
Share on other sites
carlie Grand Master

carlie

Posted
Posted

LarryJ - wouldn't emptyshell be wise to request that an extra-schedular rating be considered because, as I understand it, the VA won't consider the extra-schedular rating unless it's specifically requested by the claimant?? Just asking . . . because I would've recommended he follow it up w/a letter requesting extra-schedular, should they deny the TDIU.

pr

pr,

I would agree and do the same, being that empty's profile shows 50 % SC.

Link to comment
Share on other sites
  • HadIt.com Elder
Philip Rogers Grand Master

Philip Rogers

Posted
  • HadIt.com Elder
Posted

Okay, thanks Larry!! My idea was just to be one step ahead of them but as you said it may confuse them. I hope you enjoyed a Happy Hanukkah!

pr

I agree Phillip, "IF" they deny the TDIU.....................BUT, he seems to have all his quackers in a row for his TDIU claim, and, as we all know, it is best NOT to befuddle the folks at the Regional Offices with a multiplicity of claims. BUT, as you said, IF they do deny his TDIU then I'd be down at his Regional Office the very next business day with an app for extra-schedular. But he seems to be inline for TDIU, nicely.

Happy Holy Days, Everyone.

Link to comment
Share on other sites
sharon Veteran

sharon

Posted
Posted

A requst for TDIU is an automatic requst for an increase.

3.321 - General rating considerations.

(a) Use of rating schedule. The 1945 Schedule for Rating Disabilities will be used for evaluating the degree of disabilities in claims for disability compensation, disability and death pension, and in eligibility determinations. The provisions contained in the rating schedule will represent as far as can practicably be determined, the average impairment in earning capacity in civil occupations resulting from disability. (Authority: 38 U.S.C. 1155) (b) Exceptional cases(1) Compensation. Ratings shall be based as far as practicable, upon the average impairments of earning capacity with the additional proviso that the Secretary shall from time to time readjust this schedule of ratings in accordance with experience. To accord justice, therefore, to the exceptional case where the schedular evaluations are found to be inadequate, the Under Secretary for Benefits or the Director, Compensation and Pension Service, upon field station submission, is authorized to approve on the basis of the criteria set forth in this paragraph an extra-schedular evaluation commensurate with the average earning capacity impairment due exclusively to the service-connected disability or disabilities. The governing norm in these exceptional cases is: A finding that the case presents such an exceptional or unusual disability picture with such related factors as marked interference with employment or frequent periods of hospitalization as to render impractical the application of the regular schedular standards.

Read more: http://cfr.vlex.com/vid/3-321-general-rating-considerations-19775455#ixzz18A1r5oO3

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
 Share
Go to question listing
×
×
  • Create New...

Important Information

Guidelines and Terms of Use

  I accept