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


VetsLady
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Question

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

Thanks,

VetsLady

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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.

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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.

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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?

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  • HadIt.com Elder

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:

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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.

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  • HadIt.com Elder

I guess your question is really about your effective date for the TDIU? Is your TDIU denial on appeal? If you appealed the denial then I think you would not have to re-open it. That is why you should always appeal these things because by the time your appeal is heard you may have lots of new evidence.

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