Question About Iu

[CCC]

OK my husband was found 60% service connected on his heart, which was increased from 30%. From what I read, a 60% single condition SC rating qualifies one for IU. Would we have had to have requested that? He was found 60% SC in August of 2011. We requested IU but it was a separate claim from the one where he was found 60%. We are wondering about his back pay. The VA won't tell us anything.

Not trying to put the cart before the horse, but they admitted he was due back pay, and we have kind of struggled for a while.

After re-reading my post, I'm not sure if it makes perfect sense LOL. If not, please let me know how I can make my question more clear.

Thanks, y'all, in advance.

[StreetWalker]

OK thanks Bronco. The way I read the VA website, it was that if one was filing a claim for IU and had a 60% disabling condition, it was automatic.

I'll look into it more.

Not a chance. Even people rated at 90% have a hard time getting IU.

[broncovet]

There is a fast letter explaining that meeting certain schedular criteria does not mean the Veteran gets IU automatically.

http://www.individua....com/?page_id=9

There is one, however, which is supposed to be "automatic". Its SMC S. That is, if you have one disability at 100% and additional disabilities at 60%, you are "automatically" eligible for SMC S, you dont even need to file for it. (I would file anyway, because dont count on the VA to catch your "inferred" SMC claim). This does not have anything to do with automatic IU, but, it could be confused with that.

Please...I am not saying you are not eligible for IU. I say fight for it, and fight hard. But, do not use the "automatic" idea, because it will likely fail in the court system. OGC opinions and fast letters are binding on the VA, and the VA can not take a conflicting position to OGC opinions or Fast letters.

Since you apparently meet the schedular criteria, you need to show Part 2 of the IU criteria: You are unable to maintain substantial gainfull employment.

There are several ways to meet this standard. First you can show that you did not have a job since.....(date). You also need to show how your service connected disability prevented your employment. An example of this is to show that your boss fired you from frequent absences to go to the hospital for your PTSD or other SC condition. Likewise, if he fired you because your PTSD shows you have a violent temper which got you fired.

You may have to show you cant get ANY job, not just your old job. If your leg was amputated and you could no longer do your old job, you need to show that you can not do a sedentary job either. PTSD is easier. If you got fired as a construction worker because you got mad and tried to choke your boss, then it probably would not matter and, even if you were an accountant your boss would probably not take well to you trying to choke him, either.

Be careful of stating you are IU because of economic conditions, that is, you cant get a job. The VA is gonna say, ok, and the bad economy is the VA's fault, how?

Whenever you are seeking a particular rating, find out what the criteria is word for word. Look it up. Then, show the VA how you meet the criteria. They have to use that criteria, and if you meet it, they have to give it to you. They cannot turn you down for "non criteria", such as if you wear "spiked" hair. That isnt a criteria for IU.

Edited November 22, 2012 by broncovet

[CCC]

Thanks, StreetWalker. He actually was approved for IU.

[CCC]

Thanks, Bronco. I will read the letter in a bit. My eyes are still not all the way awake yet. Up to put the turkey in but still sleepy.