Requesting unemployable from the VA

[Joe Stoner]

My wife has a 70% disability rating from the VA. She has a disability rating of 30% for Dysthymia disorder, 30% for headaches,post-traumatic, with migraine  character and some other stuff. She has not worked for over 5 years. She recited a letter from her doctor a few years ago that he put in the letter for her not to work with all of this stuff going on with her. So she stopped working, we did not know we could request unemployabity from the VA. We are in the process of requesting but we think what could be a show stopper for us is that she attends college, mostly online , does it from home. My question is this a show stopper for her? And what verbal can we use to explain why she is unemployable and why she goes to school. Any advice you can give me I would appreciate it. Thanks, 1SG (RET) Stone-Cold

[Guest]

First things first, if the claim is going on a statement her doctor stated a few years ago, I would get something more recently to support the claim for unemployability.

[Vync]

JoeStoner,
Welcome to Hadit!

There are a bunch of veterans who are unemployable, but go to school. However, not everyone is able to make it back into the work force. Pete is right. She probably will need something a bit more recent from a doctor.

However, because she is 70% and not working, she might have a case for an inferred claim. This would definitely be worth researching. Check out this previous topic here at Hadit and also §4.16 (b):

§4.16 (b)
It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran’s service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

 

[broncovet]

Great advice.  I will add that you should "stick to the criteria".  VA does not grant/deny IU based on whether you have purple hair, or are a Carolina Fan.   At least, they are not supposed to.  The criteria for IU (I wont go into schedular/vs unschedular 60% stuff) is:

"Do service connected conditions prevent you from maintaining Substantial Gainful Employment?"  

If yes, then you SHOULD be able to get IU, schedular or extraschedular (38 CFR 4.16a or 4.16b)  

I dont see anything "in the criteria" that says you can not get IU if you go to college or if you favored The Denver Broncos.  

This said, count on VA to deny you and say, "gee, if you can go to college you can work".  However, that would be wrong.  "unemployability" is a determination made by a doctor, not a judge, or Superbowl referee.  The doctor needs to opine that you are at least as likely as not unable to maintain SGE due to SC conditions.  

One issue is can you do "sedentary" work if you have, say, bad knees.  You got a fight to try to get IU if you are in school, because the VA will argue that college is similar skills required by an employer, so if you can go to school, you can go to work.  

This is not necessarily so.  As you pointed out, maybe you can go to school online, and maybe your computer wont care if you get violent, for example,  but maybe your wife and boss do care about that.  

[Buck52]

I believe a veteran can have multi disabilities and it only takes one to render him/her disabled  they take all your disabilities in consideration but they rate the higher % of the disability that renders you disabled, if she were in VA Voc-Rehab  and they could not find her a job she can do because of her SC Disability  then that would make her ''untrainable or not feasible to retrain this veteran at this time'' &    that and a Dr stating she can't not work likely as not due to her SC Disability.

It's very hard to get TDIU ' ' That's one of the hardest claims to win  in my opinion.

 

..................Buck

[Buck52]

If she is taking college courses over the internet  I don't think that would go against her.

but if she attends classes that might sit a fire off?

I mean they could care less what a veteran does with his/her compensation.  

 

jmo

....Buck

[Vync]

4 hours ago, broncovet said:

One issue is can you do "sedentary" work if you have, say, bad knees.  You got a fight to try to get IU if you are in school, because the VA will argue that college is similar skills required by an employer, so if you can go to school, you can go to work.  

This is not necessarily so.  As you pointed out, maybe you can go to school online, and maybe your computer wont care if you get violent, for example,  but maybe your wife and boss do care about that.  

When it comes to IU, it sounds like the VA is about at bad as Social Security trying to find potential so-called job opportunities to deny paying benefits.