Jump to content

Sponsored Ads



  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • 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

  • Advertisemnt

  • Advertisemnt

  • Ads

  • 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

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • 0
VetsLady

Is Iu Considered A New Claim Or A Re-Opening Of A Claim ?

Question

Is IU considered a new claim in itself or as a reopening of the original claim that compensation was granted for ?

Thanks,

VetsLady

Share this post


Link to post
Share on other sites

Recommended Posts

Is IU considered a new claim in itself or as a reopening of the original claim that compensation was granted for ?

Thanks,

VetsLady

It could be either one depending on different factors and circumstance.

If you've never submitted a request for IU, never filled out and submitted a 21-8940

and VA has never inferred IU - then it would be a new claim.

If you filed a claim in the past for disability XXX, requested IU and submitted a 21-8940

and VA granted SC for disability XXX but denied your claim for IU and this became a final decision

AND

You are now submitting new & material evidence for IU, then your claim for IU would now be - being re-opened.

Share this post


Link to post
Share on other sites

Ad

Is IU considered a new claim in itself or as a reopening of the original claim that compensation was granted for ?

Thanks,

VetsLady

IU is a claim by its self. Even when you file for 40 things. IU is done last. By the law, the VA has to make sure you are not at 100% before doing the IU claim. if you come out to the 100% then the IU is dropped.

IU goes to one of two point, the day you added it or the day you last worked what ever is the latter. If you file for IU and is still working, them your appeal and stop work by your doctors orders, note doctors orders, then your IU should be when you stopped working.

Share this post


Link to post
Share on other sites

In adding to the question. Does New & Material evidence have to be evidence of the original injury on the claim for IU, or can you ADD other injuries when re-opening the IU claim?

Share this post


Link to post
Share on other sites

A claim for TDIU is a claim for an INCREASE of an already claimed and granted disability. You are claiming, when you file VA form 21-8940, that you have a PREVIOUSLY granted claim, and that that disability, for the previously granted claim, has now caused you to be unemployable.

simple

Now, if you previously filed a 21-8940 and were denied, then to re-open this claim, as has been well pointed out here, you will need New and Material evidence to RE-open this prior 21-8940 claim for increase.

simple

Happy Holy Days to all my Christian friends. Oh, and watch out for them low-flying reindeer, they can sure mess up yer vehicle!:rolleyes:

Share this post


Link to post
Share on other sites

A claim for TDIU is a claim for an INCREASE of an already claimed and granted disability. You are claiming, when you file VA form 21-8940, that you have a PREVIOUSLY granted claim, and that that disability, for the previously granted claim, has now caused you to be unemployable.

simple

Now, if you previously filed a 21-8940 and were denied, then to re-open this claim, as has been well pointed out here, you will need New and Material evidence to RE-open this prior 21-8940 claim for increase.

simple

Happy Holy Days to all my Christian friends. Oh, and watch out for them low-flying reindeer, they can sure mess up yer vehicle!:rolleyes:

Yes indeed you are correct Larry. But, what I was actualy asking was; Say for instance you file for TDIU with one SC disibility and was denied. Later you incurred two more SC disibilities. Would that be new & material evidence to re-open your prior claim of TDIU, or do you have to file a new claim with the three disibilities? Hope this is better to understand what I was getting at.

Thanks Larry for helping me out.

Share this post


Link to post
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

  • Ads

  • Ad

  • Latest News
  • Our picks

    • OK so I had pancreatectomy in 2003 due to an impacted goldstone 2/3 of my  Pancreas was removed I am type one diabetes with very large scars continued diarrhea stomach problems Constant back and shoulder pain I recently received a Nexus letter from my  endocrinologist related to my service in the gulf war.  Any suggestions or advice from anyone
    • I would like to meet other Hadit members who live in Michigan.  We have at least two major VA Hospitals (Battle Creek, Ann Arbor).  Or maybe you go to the the John Dingell in Detroit.  

      I like Ann Arbor.  I like the fact that most of the doctors there are also at the UM Hospital.  I don't like how uickly they seem to turn over though.  
        • Like
      • 4 replies
    • Really?
      I am confused.  A few days ago I spoke to a person at a VARO who said if I die from something other than service-connected my husband gets zero, zilch, squat.  Hmmmmmm, it seems the rules change willy-nilly...I have been rated 100% P & T for over 10 years, MS is static, and I am 56 years of age.

      Can a fellow Veteran shed a light on this?

      Thank you.
        • Haha
      • 15 replies
    • Fund raising for HadIt.com
      The site is supported through ads and ad free subscriptions, we are also asking for any support you would like to send our way. You can give a $1 or more it all helps. Keep in mind though that it is NOT tax deductible and we are NOT a non profit. As the site grows so do the costs and ads and subscription do not always keep pace with the costs. Any help is appreciated, but not required.
      • 11 replies
    • Carol Ozanecki- Blue Water vet Advocate called me with this news:

      https://www.stripes.com/news/lawmakers-launch-new-effort-to-provide-agent-orange-coverage-for-blue-water-navy-vets-1.525395

      Also there is a article in Pop Culture she sent to me----mentionig Blue Water vets buy I felt it was too political to post here. You can google it if you want to read it.

       

       
      • 10 replies
×

Important Information

{terms] and Guidelines