ptsd % Needed To Appeal

[Cavman]

Concerning my appeal to the DRO that I just sent in along with the IU form they sent with decision letter. I was rated 50% SC for PTSD. I appealed for a higher percentage and filled out the IU form they sent for unemployability. Doctor states I`m unemployable. My question is I`m only 50%, does that mean I will be denied because of low percentage for filing the appeal for IU or could I be given a 70% rate along with IU at the same time?

Cavman

[john999]

Cavman

I think you could get bumped up to 70% and get IU.

[Vike17]

When a veteran submits an application for IU, it also acts as a claim for increased evaluation. Further, when a veteran sends in an IU application and that veteran doesn't meet the schedular requirements of §4.16, the VA will first see if the veteran qualifies for an increase in evaluation that would bring their disability percentage inline with the schedular requirements. If the increase is warranted and it brings the veteran to the schedular requiements, then the VA would consider the issue of IU. If the veteran doesn't meet the schedluar criteria for IU after being evaluated for an increase, then the RVSR or DRO must decide in their judgment whether or not the veteran can obtain a substantial gainful occupation due to their service-connected disabilities. If the RVSR or DRO is convince that the veteran is unable to work because of the sevice-connected condition(s), then they would submit your IU application to the Director of Compensation in Washington, D.C. for extra schedular approval. If the RVSR or DRO isn't convince that you are unable to obatin a substantial gainful occupation due to your service-connected disabilities, then they will simply deny the IU.

One must remember the rating schedule, for the most part, has the rating percentage for any given condition that will reflect the schedular requirments for IU if that disability is severe enough to prevent a veteran from obtaining and maintaining a substantial gainful occupation. For example, the lower back, if a veteran has forward flexion of let's say 80 degress, that warrants a 10% rating. If the veteran can move that much they're probably able to work. Now let's say that veteran has been put on bed rest by his doctor for a total of 10 weeks over the past year. That is a pretty severe back disability and any employer probably wouldn't keep that employee around for any substantial length of time. Due to the incapacitating episodes, this situation would call for a 60% evaluation, thus quailifying the veteran under the schedular requirements for IU. Another good example of this is mental conditions rated at 70% or 100%. There it states

"Occupational and social impairment, with deficiencies in most areas, such as work," or "Total occupational and social impairment."

Now, there are some certain disabilities that have a maximim award, according to the rating schedule, that would not qualify a veteran for IU under its schedular requirments. One condition that comes to mind is migrains, which have a maximum of I think 50%. This is where sub paragraph b of §4.16 comes in to the picture. If most veterans that are on IU would look on their rating decisoins, I'm willing to bet that their disability(ies) were raised to meet the schedular requirements first and then awarded IU on that basis. It is very, very, very rare to have a veteran rated IU without meeting the schedular requirements. For the most part, if the disability prevents the veteran from working, there is a rating percentage in the rating schedule that reflects that.

Vike 17

Edited October 1, 2006 by Vike17

[Guest terrysturgis]

Vike17, That was very well written and even with my slight case of CRS I would be able to steer other veterans to your answer to help clarify the TDIU question. Thanks again! Terry Sturgis

[john999]

Yep, the easy way to do it if the VA intends to award IU is to bump you up to 60-70% and then award it.

[Cavman]

Yep, the easy way to do it if the VA intends to award IU is to bump you up to 60-70% and then award it.

If that happens, whats next, file for 100% p & t? What if my doctor`s letter states I am 100% p & t in his opinion?

Cavman

[john999]

Cavman

If you ask for IU and get it then you get paid at the 100% rate. You can cross the other bridges when you come to them. Get 100% schedular or IU and then worry about the rest.