Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Extra-Scheduler Iu

Rate this question


emptyshell

Question

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

Top Posters For This Question

Recommended Posts

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

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use