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Iu


Cavman

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The form for IU is sent with a rating letter when the VA has determined you meet the minimum requirements to qualify for IU. It is left to the veteran to decide whether they wish to pursue IU. Some veterans are still working and are granted claims containing at least 1 disorder rated at 40% and combined to 70%; or 1 etiology rated at 60%. If your still working then you would not be eligible for IU even if you had the minimum. If your not working , then by all means apply for IU, because they would not have sent the form unless they felt your eligible for IU.

Patrick

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I have attached the TDIU form-21-8940 to numerous NODS over the years.

If a veteran is not working -regardless of their SC %-if they believe their SC prevents them from working-including side affects of their meds- they should file the form. Also if they have been turned down by VA for Voc Rehab-they should file the form.

2 years ago I got an NSC vet (NO sc at all) TDIU and it only took 4 months.

He had considerable med recs from private treatment for PTSD.

We prepared the TDIU form and then attached some of the current medical informaion and his diagnosis.Four months later he got award letter.

Here is the TDIU form-

There is nothing on this form that says a vet must have a certain SC % or any SC% at all.

TDIU_form.pdf

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While what Berta says is true, you are correct about the percentage. Either one at 60% or another qualifier would be a combination leading to 70% with one being at least 40%. There was litigation under discussion to change the 40% requirement but not certain as to whether it's happened or not. There are other factors, but these would be the percentage requirements.

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  • In Memoriam

Berta –

There’s nothing to stop you from filing an application for TDIU regardless of the percentage awarded except for the danger of raising false hopes. Sometimes, you even get lucky if the administrators ignore the percentage limitations.

I ask for extra-schedular consideration sometimes under subsection ©, but the only one I have ever won is for a guy who had both anal sphincters (yes, there are two) cut by the VAMC (no negligence), leaving him with no control whatsoever and requiring multiple changes of diapers. There was no way that this person was going to return to work, ever.

But I had to go to the C&P service to get this, since the RO cannot make subsection © awards but must send them over to C & P, which it rarely does.

Alex

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Alex- can the claimant ask for the subsection C & P service to consider this type of claim?

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Berta,

A veteran can specifically ask to be concidered for an extra schedular rating under the M21-MR, part 3, subpart 4, chapter 6, section b(5).

There it states the following;

"Consider the issue of entitlement to an extra-schedular evaluation in compensation claims under;

38 CFR 3.321(:lol:(1) only where

the issue is expressly raised by the veteran, or

there is evidence of exceptional or unusual circumstances indicating that the rating schedule may be inadequate to compensate for the average impairment of earning capacity due to disability (for example, marked interference with employment or frequent periods of hospitalization)

38 CFR 4.16(B)

whenever the issue is expressly stated

when there is evidence that the veteran may be unable to secure or follow a substantially gainful occupation because of disability, or

total disability based on individual unemployability (IU) cannot be granted on a schedular basis."

Hope this helps!

Vike 17

Edited by Vike17
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