tdiu Unemployability With 70% Overall Rating

[wallyzero]

All this stuff confuses the heck out of me. I have a combined rating of 70%, my highest individual one being anxiety at 30%. I received this rating in fall 2009 and have been talking to MHC on a weekly then monthly basis; and trying different meds ever since. I held one job for 7 months since my ETS in 2009. After that I've had one job interview, the employer kept making remarks about how I acted and asked if I was ok. Since then I find every excuse in the world to not leave my house. I was considering filing for Increased Compensation Based on Unemployability, but unless I'm mistaken I have to have at least one disability rated at 40% correct? In short, do I need to raise my rating first? Thank you for any information.

[carlie]

Welcome.

[wallyzero]

Thank you for the welcome

[Notorious Kelly]

Welcome, Wally

If you're not happy with the progress with MHC, please push for more care.

[broncovet]

No. A single disability at 70% makes you eligible for IU. CFR 38 4.16

In pertinent part:

4.16 - Total disability ratings for compensation based on unemployability of the individual.(a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more

[Philip Rogers]

No, you don't need one disability rated at 40% (see 38 CFR 4.16b). At 70% and a poor work history they should have considered TDIU. I would apply for TDIU, arguing that it should have been considered when the 70% was awarded and explaining why you should be awarded it. I'd also request an increase in your other ratings. I'm sorry the others didn't answer this before now. When was your award?? Thanks!

pr

[broncovet]

PR and I agree..we just said the same thing in a different way. YOUR 70% rating makes you eligible for IU, so go ahead and apply if you have not already, since you are apparently not maintaining substantial gainful employment.