Iu ?

[triman8654]

Ok as stated yesterday I'm going to submit claim for IU. First off, last January I received a decision on a claim from couple years ago. MDD was one granted. I don't agree with 30% going by VA psych notes and such.i think 70%. But I have not appealed.

Also about 3 years ago I was denied IU At my then 80%.

My questions are, can I file for IU on a new claim..?

If I'm able to file new claim IU, at the same time I'm asking VA for increase in all my Sc'd disabilities (MDD). So there would be no reason to appeal the MDD.I was thinking increase would be the way to go.?

To avoid the long appeal process while asking IU.

Hopefully my jib bearish is understandable..

Thanks

[triman8654]

Found some info here

http://vets.yuku.com/topic/143272/ReFile-IU#.VYY_p3D3arU

[broncovet]

Yes, you can "file" a new claim for IU, but it would be best to figure out why it was denied the last time, and make sure that does not happen again.

If you have not already done so, order a copy of your cfile.

Then, look at your decision even tho it was denied and you did not appeal. What were the reasons and bases given? Did any of those "reasons" change? If so, in what way?

The criteria for IU is that your doc needs to state that you are unable to maintain substantial gainful employment due to SC conditions. That is not the same as you being unemployed! People get unemployed for many reasons some of which have nothing to do with your military service. For example your company could have had layoffs. You may have showed up late for work, or had work habits incompatable with your bosses ideals. Your boss may have even decided to hire his new brother in law, and had to fire you to do it, and probably forgot to mention that to you when he laid you off.

If your older decision stated something like your doc did not demonstrate that you could not do sedentary work, then you need to consider that carefully when re applying so you dont repeat your denial. Oh, yes, you can expect another denial, but, be prepared to win it this time, on appeal. You could be suprised and get it without a denial, but its best to make your claim "denial proof".

"Denial Proof" claims still get denied...we are kidding ourselves if we think VA does not make stuff up to deny. How do you make your claim denial proof? (Gee I wish I knew then I would not have gotten denied..lol). You stick to the criteria and make sure you meet it. You make sure there is evidence in your cfile (in your hand does no good, because VA loves to lose your evidence, then deny you based on, "there is no evidence in the file that shows xxxyyy".)

If your income, (not counting VA, SSDI, etc) is less than 12,000 per year, you have met ONE step, not all of them. Now, you have to show your inability to maintain SGE is due to SC conditions. Your doc has to say the reason for you not having SGE is because of your SC conditions, because, otherwise, VA assumes you are lazy and wont get a job. Its all about evidence documentation, meeting the criteria, and persistence to win on appeal.

[triman8654]

Thanks broncovet, very informative. A lot of very good thought process.