Iu Vs. 100%, Which Is Better Way To Go?

[usnhmret]

I just received a request for a reply from the VA. It is concerning an "inferred service connected compensation claim." I didn't request this so I'm not sure what it really means.

My initial combined rating is 90%, but there are a few disabilities(big ones) that were denied due to "lack of evidence" that I ever had these problems in the service. I have a copy of my medical record and I plan on submitting copies of what I clearly see as chronic documented evidence. I'm not sure how it was missed, but then part of my rating was farmed out to Philadelphia instead of all being done here in Buffalo.

But anyways, if I were to get 100% without IU, what advantage would there be with IU? I'm not ready to call it quits yet and give up trying to find work after I'm done with school. I'm in the Voc Rehab program taking classes through Kaplan University online. If I pursue IU, I'm guessing that would end right?

Thanks for any info.

[Berta]

Why were you farmed out to Philly?

You raised a very interesting point-

if one is Voc-rehab able- they are employable-in VA's eyes- so maybe the Voc Rehab could be lost with a TDIU award-

I wish Buffalo would farm my claim out to somewhere else-like-whereever the smart people work-

Seriously-When Chesty Puller's son got wounded severely in Vietnam, and of course he had PTSD too-he certainly would have been considered 100% or TDIU or whatever-yet he went to law school on the GI Bill and maybe Voc Rehab too-

and then worked as a lawyer for VACO before his suicide-

Max Clelland- sameo - his wounds from Nam like Lewis Puller's were catastrophic- but somehow he got to a good job- it took him almost 2 hours a day to get dressed and ready-for work- he was the VA's Secretary for years-

I hope others will discuss your points here-

Severe catatrophic disabilities can hinder employment for some yet others can work with them-

Of course in Lewis case- it sure helped in many ways being Chesty's son.

I am not saying that severely disabled should try to work-I believe for both of these men, working for the VA added to their stress levels-(I am sure Max Clelland could have gotten PTSD award too-)

I dont think severely disabled- 80-90-100 %ers should even try to work-because it is so difficult dealing with so much-

BUT that does not mean they cant try-

WHat disability are they "inferring"? could this be some VA Crapola attempt to find you TDIU and therefore drop your Voc Rehab- was that the point you were trying to make?

They are supposed to consider any disability a vet has and even infer claims on their own, but Buffalo- if this happened there- something might be up-

they cant even get a bonafide claim squared away right- so I am leary of the "inferred' part-

just my opinion, Berta

[john999]

The VA acting on an inferred claim???? Wow, they never do that in my region. The VA does not normally go looking to pay compensation to vets who have not filed a claim. It could be that for some reason they have decided to do their job for once. That might be a first.

[usnhmret]

Berta,

Thanks for your quick response. Are you in the Buffalo area? If so, this week's weather is making it a lot easier on living here . My wife and daughter had a difficult time with our moving here from New England. This weather makes it a little easier for them to acclimate.

I'm not exactly sure why they sent most of my claim to Philly. My rep said that the Buffalo VA may have had too many claims and at times they send new claims to VAs that are "under worked."

I'm hoping that I've found a way to earn an income where a majority of the time I'm working out of my home. I've picked the law field because I have some experience with it and can envision conducting a practice here in my home office.

So if I were to keep my 90% rating and then be found unemployable, I'm guessing that Voc Rehab would end. As far as being unemployable, I believe that I am and would be in a majority of occupations. I just want the chance to get trained and feel like I'm still contributing to my family. My wife is great about the fact that she is earning the lion's share of our income, it's just more of an ego thing for me. If for some reason it doesn't work out and I have to face the facts, I'll deal with that then.

I have no idea what they meant by "We are working on an inferred service-connected compensation claim for IU." My question is do I fill the paperwork out? I read where I have a year to respond, but the VA can decide in 60 days if they have enough evidence. I'm trying to get a hold of my rep to clarify, but was hoping that someone here could shed some light on this IU status. I've read through a lot of the posts here and it seems that a majority who receive the IU rating were seeking it. Its odd how when someone wants something they have a difficult time getting it, and the opposite for someone like me, who doesn't. Maybe I'm concerned over nothing and this will all pass. Until this point everything has happened as expected. I filed my claim early December 05 and just got my rating within the last 2 weeks.

Overall, I'm pretty happy with the way it is working, I just want to be as informed as I can. It only took 4 months to start receiving my stipend for Voc Rehab and I'm told that my next retirement check with start this next first of the month.

[usnhmret]

The VA acting on an inferred claim???? Wow, they never do that in my region. The VA does not normally go looking to pay compensation to vets who have not filed a claim. It could be that for some reason they have decided to do their job for once. That might be a first.

John,

Thanks too for a quick response. Your response worries me though. If this isn't the norm, then I feel that I should be concerned. A point of clarification, I did file a claim, that's how I got the 90% rating. So do most people file another claim for IU even though they meet the ratings criteria? Once again, I may be worked up over nothing, but this was only the second bump in the road. I've tried to get a good understanding of this VA claim stuff, and for the most part I've gotten it right. The first bump was the whole back or retro pay thing. I'm still trying to get my brain wrapped around that issue. I've had it explained to me by a few persons in the "know", but I'm still not getting it.

Thanks again

[Berta]

No veteran- I am in the absolutely glorious hills of Cohocton-20 miles and 350 feet higher from the VAMC in Bath-had to get central air -the last few summers have been very hot- Tell me- who is your POA?

I am baffled by the inferred issue-of TDIU-

then again you are not earning wages-so they would most surely grant it-

But how would this affect your Voc Rehab -all I can do is tell you what happened to my husband-

1988 -he got a part time job at the Bath VA-

He was former Nuke (Nuclear Power) and PHVAC operator before we moved up in 1987-

He also went to Fire College , US Navy one- and applied for engineering and fireman's position-

He was 30% PTSD SC- they stuck hin the most stressful part of the whole place- the dietetics kitchen- part time-they stuck almost all PTSD vets there regardless of their qualifications-

He also had started Voc Rehab at Corning college-Sept 1988.

On Christsmas eve afternoon 1988(Of course)

the VA said in a letter - came after 4 PM too of course-they were going to drop him to 10% because he had attained "substantial employment"

(part time shit job VA ,over the full time jobs he was qualified for-that they gave to their friends-)

and his new Voc Rehab "college" program had somehow turned him into a rocket scientist in 4 months. Forget how the VA put this- words to that effect-

Well the Xmas tree went flying right out the front door-

a personnel director got canned- long story- he took the 10% while we filed a NOD up to their decision- and in Oct 1989 AMvets called me while he was at school to them me the VA had upped him back to 30%.

By 1991 he was total and perm at 100SC for PTSD.

I dont know if you should file that form out- are you 100% TDIU with P & T ?

Permanent and Total?

I forget if you mentioned this-but how long have you been 100% ???

[Guest rickb54]

usnhmret,

Are you asking which is better IU, or 100%.

I think it depends on the veteran as to which is better for his own situtation.

Now if you really want to work and if you really can work then 100% is the way to go...

however if you know you can't work, or think you can but just are not sure then haveing TDIU is a God send.

I have heard many say that TDIU is the way to go because you would have to go to work for the va to take it away. And I have heard that if your 100% you can get re rated at any time.

I guess there is no clear answer to this question..... it is just what ever the veteran wants....

I for one want 100% vrs the TDIU, this is because if I have other problems that if rated 100% would entitle me to addition compensation (ie: two seperate 60% ratings)

and way food for thought