tdiu 100% Unemployability

[Billyboy]

100% Unemployability, I applied for the 100% and was told “Entitlement to individual unemployability is denied because the claimant has not been found unable to secure or follow a substantially gainful occupation as a result of service connected disabilities. Service connected disabilities currently evaluated, as 60% do not meet the scheduler requirements for entitlement to individual unemployability”. Then it goes on to explain the 60% for one or 70% combo rule. I’ve been out of work for a year. I had to take my SS early and put a reverse mortgage on the house to make ends meet. Since then I was connected with the 50%, “Major Depressive Disorder (Claimed as post traumatic stress disorder, sleep disorder and night sweats)” and 10% tinnitus. The 60% rating does indeed help. Recently my VA doctor sign the Handicap application for parking and the state of Ca. granted me the handicap card. I doctor stated “LBP + RT Hip pain sciatica + DJD” When he call to tell me about the x-rays he said “severe arthritis of the lower back” Should I re-file for 100% unemployability and if so how should I go about it? Can someone tell me what LBP and DJD means? bill

[LarryJ]

Found 'em. Go to the home page, click on "Veterans Claim Research" on the left of your screen, then click on "Law".

Or, you could just enter here, simply click on the following: http://www.hadit.com/38cfr4schedule.htm

Edited August 21, 2006 by LarryJ

[Billyboy]

Thanks for the info, I'll be looking into this, bill

[BoonDoc]

100% Unemployability, I applied for the 100% and was told “Entitlement to individual unemployability is denied because the claimant has not been found unable to secure or follow a substantially gainful occupation as a result of service connected disabilities. Service connected disabilities currently evaluated, as 60% do not meet the scheduler requirements for entitlement to individual unemployability”. Then it goes on to explain the 60% for one or 70% combo rule. I’ve been out of work for a year. I had to take my SS early and put a reverse mortgage on the house to make ends meet. Since then I was connected with the 50%, “Major Depressive Disorder (Claimed as post traumatic stress disorder, sleep disorder and night sweats)” and 10% tinnitus. The 60% rating does indeed help. Recently my VA doctor sign the Handicap application for parking and the state of Ca. granted me the handicap card. I doctor stated “LBP + RT Hip pain sciatica + DJD” When he call to tell me about the x-rays he said “severe arthritis of the lower back” Should I re-file for 100% unemployability and if so how should I go about it? Can someone tell me what LBP and DJD means? bill

If you are rated at the top of the schedule for your SC disability, and are found not to be able to work because of the SC disability, then I would request an extra-schedular rating.

I believe with depression that you are going to have to get the rating SC raised, and go for any secondary diseases that can be rated SC to get IU. Just don't give up.

[john999]

I would ask for a DRO Hearing regarding the denial of TDIU and in the meantime get another IMO to show that your depression is more severe than a 50% rating. If the depression makes you unemployable then it is by definition above the 50% but the doctor has to say that and give you a GAF that will back it up. The main thing is to keep appealing this. You are too close to accept anything less that IU.