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Extra-Scheduler Iu

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emptyshell

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emptyshell Enthusiast

emptyshell

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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??

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  • HadIt.com Elder
LarryJ Grand Master

LarryJ

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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:

"It is cold and we have no blankets.

The little children are freezing to death.

My people, some of them, have run away to the hills, and have no blankets, no food; no one knows where they are-perhaps freezing to death.

I want to have time to look for my children and see how many of them I can find.

Maybe I shall find them among the dead.

Hear me, my chiefs! I am tired; my heart is sick and sad.

From where the sun now stands, I will fight no more forever."

Chief Joseph

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emptyshell Enthusiast

emptyshell

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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.

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Philip Rogers Grand Master

Philip Rogers

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  • HadIt.com Elder
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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:

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  • HadIt.com Elder
LarryJ Grand Master

LarryJ

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  • HadIt.com Elder
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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.

"It is cold and we have no blankets.

The little children are freezing to death.

My people, some of them, have run away to the hills, and have no blankets, no food; no one knows where they are-perhaps freezing to death.

I want to have time to look for my children and see how many of them I can find.

Maybe I shall find them among the dead.

Hear me, my chiefs! I am tired; my heart is sick and sad.

From where the sun now stands, I will fight no more forever."

Chief Joseph

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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.

Carlie passed away in November 2015 she is missed.

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Philip Rogers Grand Master

Philip Rogers

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  • HadIt.com Elder
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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.

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