tdiu Im Not Sure About This.

[usmc0599]

Good evening,

I just recieved a letter from the VA stating " we have amended your claim to include individual unemployability".

I didnt request this and im not sure if I want it. Im 33 years old and I've ajusted my life to deal with the pain. Iam curretly 80%.

what does this mean and can the VA force me to take this?

For a bit of backgroung on my current claims please refer to my last post

Thank you all.

[broncovet]

It means the VA apparently thinks you have an "inferred" or informal claim for Individual Unemployability. No, the VA wont "force" you to take benefits. If you do not want unemployablity, you can simply withdraw your claim.

However, before you withdraw your claim you want to make sure that is what you really want to do. IU is paid at the 100% rate. If you are not working, then maybe you should consider getting IU, that is, if you/your doc thinks you wont be able to work again.

On the other hand, if you can work, or are working at "substantial gainful employment", then you dont want to persue IU. IU (also called TDIU) is for Vets who are unable to maintain substantial gainful employment due to service connected conditions.

[carlie]

Good evening,

I just recieved a letter from the VA stating " we have amended your claim to include individual unemployability".

I didnt request this and im not sure if I want it. Im 33 years old and I've ajusted my life to deal with the pain. Iam curretly 80%.

what does this mean and can the VA force me to take this?

For a bit of backgroung on my current claims please refer to my last post

Thank you all.

Are you currently employed ?

The VBA has probably inferred the issue of IU because

you are at 80 percent SC.

[deanbrt]

IU will be 100% with a lot of benefits. the down side is that you cannot work (other than marginal) to maintain it

[usmc0599]

@Crlie,

Iam curretly employed as a security guard.

@deanbrt,

I’m aware of the great benefits, but, as stated before, at 33 years old I’m not sure if that’s a beneficial road for me.

I preffer to endure physical pain and not the emotional torment of being incapacitated. Work allows me to feel somewhat normal and keep me focus on something else besides pain, medicine and the VA.

Last time I was laidoff I fell into a dark place.

@Bronco

how do Inform the VA of my refusal and how or will it affect my 80%??

thank you all

[deanbrt]

I more than understand at your age. I think just writing them that you can work and want to drop the IU claim should do it.

[kymike]

Have you considered VOC rehab? Being a security guard can't be good for your orthopedic problems. You might be able to take the time the TDUI allows you and further your education. It would have to be approved by VA Voc Rehab of course, but considering your age it would give you chance to focus your time and energy on meaningful career. just my two cents.

[john999]

See if you can get IU and voc rehab. You probably won't make to age 66 as a guard with your problems. You need some non-physical work as a career. The worst thing is to turn down IU and then a year from now be unable to work and have to start over. You could be forced to wait a year with just your 80%.

[broncovet]

The key word is "Substantial Gainful Employment" (SGE) which disqualifies you for IU. "Marginal" employment does not disqualify you.

"SGE" is defined as earning, a minimum income "at the poverty level" (or above). According to the VA the poverty level means the amount of VA pension which is a little over $10k per year, depending on how many dependents you have.

The bottom line is that if you will or expect to earn less than 10k, then your employment is marginal. But, if you are earning well over $10,000 per year, you wont be eligible for IU as you need to prove you are unable to maintain SGE.

If you have earned more than 10k in the past 12 months, then I recommend you inform the VA of this. If your income is less than 10k for the past 12 months, then you are eligible for IU BUT, if you earn more than 10,000 next year, you may no longer be eligible for IU and it could be reduced back to the 80%

To do this, you can simply fill out a 21-4138 and state, "I earned xxxx thousand dollars in the last 12 months". It is never ever a good idea to lie to the VA, they have ways of finding out and you dont want to go to jail for fraud. Each year that you collect IU, you will need to send in a form to the effect that you have not earned more than 10k per year. They dont care if you cut the neighbors grass..or even cut his trees down and watched his dog for money. That is not "substantial" gainfull employment.

Telling the VA you made, for example $20,000 last year does not affect your 80% compensation. Compensation is NOT needs based and you can earn a million dollars a year and still get VA compensation. Dont try that, tho with either TDIU or 100% mental disability, tho.

Max Cleland was a 100% disabled Vet and also a senator. He was entitled to his VA compensation, as well as his senate salary. Tammy Duckworth, was also 100% and worked for the VA and then ran for office.

Edited December 21, 2012 by broncovet (see edit history)