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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 when it comes to filing Veterans Affairs Disability Claims. Chris Attig - Veterans Law Blog










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Popular Topics  Tinnitus | Hearing loss | Post-traumatic stress disorder | Lumbosacral or cervical strain | Scars, general | Limitation of flexion, knee | Paralysis of the sciatic nerve | Limitation of motion of the ankle | Diabetes mellitus | Migraine | Limitation of flexion, knee

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Popular Forums: VA Disability Claims - Appealing Your Claims NOD, DRO, BVA, USCAVC -Compensation & Pension Exams - E-Benefits Questions - PTSD 

Popular Posts C and P Exam – Do’s and Don’tsDisability Rating Calculator6 Reasons to Keep Pursuing Claims and Appeals – AFTER you reach 100% | More


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COOL BREEZE

Tdiu Question

Question

Surprise. I just got a letter from the DAV concerning my decision. They stated the "severity of your service-connected disability may entitle you to Individual Unemployability. THis benefit enables you to receive compensation at the one-hundred (100) percent rate if your service-connected condition(s) preclude you from maintaining gainful employment. Please complete and return the enclosed VA Form 21-8940 and we will submit it for consideration.

Note- the VA didn't enclose this letter in my decision package.

As I am still working, even though I probably shouldn't due to the numerous medications I am on, I don't see how they will ever approve this. I haven't had surgery, been hospitalized either.

I think it would be a complete waste of time to submit this as there is no criteria here in justifying them approving this request.

Any thoughts?

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4 answers to this question

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CB,

It's SOP to get a 21-8940 (IU application) when you hit the 70% level.

You are correct - if you are employed it will be denied.

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Thanks. I don't want to waste my time and especially the VA as they have much more important claims to review!

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CB,

It's SOP to get a 21-8940 (IU application) when you hit the 70% level.

You are correct - if you are employed it will be denied.

I have been 70% now for over a year now.I did not get a IU application when I hit 70%.All my 70% is service related.I put in for IU my self 9 months ago.I sent in a copy of my awards letter from social security showing that social security finds me unable to work.I all so sent the VA a letter from my heart doctor stating I can no longer work.I sent in everything they asked for .After 9 months my claim is still in the gathering information stage.

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Olddude... same thing here; I never got forms from the VA that even hinted towards IU but they said they sent them (DAV rep. provided mine). I'm about the hit the 12 month mark since I've been waiting for a decision (still in development). I've completed all of the exams and such. Try to take the advice from the pro's here, find a hobby and wait it out but continue to check in here to remain educated on the process. Trying to figure out what he VA will/might/might not do will drive you crazy if you let it.

I have been 70% now for over a year now.I did not get a IU application when I hit 70%.All my 70% is service related.I put in for IU my self 9 months ago.I sent in a copy of my awards letter from social security showing that social security finds me unable to work.I all so sent the VA a letter from my heart doctor stating I can no longer work.I sent in everything they asked for .After 9 months my claim is still in the gathering information stage.

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