Starting Over

[BUZZ]

Been denied iu because didn't have percentage that total 70% and work part time,

now have over 70%, I filed for increase,can they put me in for iu or do I have to start

over again?

[broncovet]

If you are working, even part time, at what the VA calls "substantial gainful employment" SGE you are not eligible for IU.

However, if you reach a point where you cant work anymore, you could certainly apply for IU.

Mostly, SGE is defined by how much you earn in a year. The amount is published, but it is "about" 10k per year.

If your part time income netted you less than about 10k per year, then you may still be eligible for IU

[Tbird]

I concur with Broncovet if you are working any kind of work than they will probably say you are working and therefore not unemployable since you are employed. Here are is a link to the regs on unemployability.

38CFR3.340 Total and permanent total ratings and unemployability.

a) Total disability ratings —(1) General. Total disability will be considered to exist when there is present any impairment of mind or body which is sufficient to render it impossible for the average person to follow a substantially gainful occupation. Total disability may or may not be permanent. Total ratings will not be assigned, generally, for temporary exacerbations or acute infectious diseases except where specifically prescribed by the schedule.

(2) Schedule for rating disabilities. Total ratings are authorized for any disability or combination of disabilities for which the Schedule for Rating Disabilities prescribes a 100 percent evaluation or, with less disability, where the requirements of paragraph 16, page 5 of the rating schedule are present or where, in pension cases, the requirements of paragraph 17, page 5 of the schedule are met.

(3) Ratings of total disability on history. In the case of disabilities which have undergone some recent improvement, a rating of total disability may be made, provided:

(i) That the disability must in the past have been of sufficient severity to warrant a total disability rating;

(ii) That it must have required extended, continuous, or intermittent hospitalization, or have produced total industrial incapacity for at least 1 year, or be subject to recurring, severe, frequent, or prolonged exacerbations; and

(iii) That it must be the opinion of the rating agency that despite the recent improvement of the physical condition, the veteran will be unable to effect an adjustment into a substantially gainful occupation. Due consideration will be given to the frequency and duration of totally incapacitating exacerbations since incurrence of the original disease or injury, and to periods of hospitalization for treatment in determining whether the average person could have reestablished himself or herself in a substantially gainful occupation.

(b) Permanent total disability. Permanence of total disability will be taken to exist when such impairment is reasonably certain to continue throughout the life of the disabled person. The permanent loss or loss of use of both hands, or of both feet, or of one hand and one foot, or of the sight of both eyes, or becoming permanently helpless or bedridden constitutes permanent total disability. Diseases and injuries of long standing which are actually totally incapacitating will be regarded as permanently and totally disabling when the probability of permanent improvement under treatment is remote. Permanent total disability ratings may not be granted as a result of any incapacity from acute infectious disease, accident, or injury, unless there is present one of the recognized combinations or permanent loss of use of extremities or sight, or the person is in the strict sense permanently helpless or bedridden, or when it is reasonably certain that a subsidence of the acute or temporary symptoms will be followed by irreducible totality of disability by way of residuals. The age of the disabled person may be considered in determining permanence.

© Insurance ratings. A rating of permanent and total disability for insurance purposes will have no effect on ratings for compensation or pension.

[26 FR 1585, Feb. 24, 1961, as amended at 46 FR 47541, Sept. 29, 1981]

If you are working, even part time, at what the VA calls "substantial gainful employment" SGE you are not eligible for IU.

However, if you reach a point where you cant work anymore, you could certainly apply for IU.

Mostly, SGE is defined by how much you earn in a year. The amount is published, but it is "about" 10k per year.

If your part time income netted you less than about 10k per year, then you may still be eligible for IU

[Tbird]

Also found this which maybe helpful

Substantial Gainful Employment - One of the criteria used to determine whether a disabled individual is eligible for Social Security Disability benefits is whether or not the person can perform “substantial gainful activity.” If the Social Security Administration determines that you can engage in substantial gainful activity, you will not be eligible for disability benefits. To meet the definition of disability, you must not only meet the SSA’s physical tests for the severity of your disability, but must also be unable to engage in any other kind of “substantial gainful” work. Source: http://ow.ly/3uG8g from website socialsecurity-disability.org.

[Gulfvet45]

There is more then just how much you are working. If you are working part time because you want to, then you do not meet IU. If you stop working for your self it is the same thing. you need to have a medical reason as to why you can not work more. The rating rules is very complex.

If you are working, even part time, at what the VA calls "substantial gainful employment" SGE you are not eligible for IU.

However, if you reach a point where you cant work anymore, you could certainly apply for IU.

Mostly, SGE is defined by how much you earn in a year. The amount is published, but it is "about" 10k per year.

If your part time income netted you less than about 10k per year, then you may still be eligible for IU