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Vync

Extraschedular IU?

Question

I am helping a fellow veteran who is already receiving SSDI because he cannot work.

His ratings are 50% + 30% + 20% = 70% combined.

 

Would he be able to file for IU or extraschedular IU?

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53 minutes ago, Vync said:

I am helping a fellow veteran who is already receiving SSDI because he cannot work.

His ratings are 50% + 30% + 20% = 70% combined.

 

Would he be able to file for IU or extraschedular IU?

Yes, he definitely meets the IU criteria.

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20 minutes ago, pete992 said:

Yes, he definitely meets the IU criteria.

Hey Pete,
I just looked it up and you are correct!

http://www.benefits.va.gov/compensation/claims-special-individual_unemployability.asp

Eligibility Requirements:

  • You must be a Veteran
  • You must have at least one service connected disability rated at least at 60%, OR
  • Two or more service connected disabilities at least one disability ratable at 40 percent or more with a combined rating of 70 percent or more.
  • You must be unable to maintain substantially gainful employment as a result of service-connected disabilities (marginal employment, such as odd jobs, is not considered substantial gainful employment for VA purposes).

 

Next questions... He just recently was awarded the single 50% rating.

Was the VA supposed to automatically consider IU? (like SMC)

If he filed now, would the effective date be the same as the 50% rating's effective date or the date when he files for IU?

 

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3 minutes ago, Vync said:

Next questions... He just recently was awarded the single 50% rating.

Was the VA supposed to automatically consider IU? (like SMC)

If he filed now, would the effective date be the same as the 50% rating's effective date or the date when he files for IU?

VYNC, we all know how sneaky and down right out how low VA can be.  Yes ,VA should have considered the veteran for IU, if they knew the veteran was not working and they (VA) probably did but they (VA) are not going to just pay him unless he ask for it.  If the decision is within one year and he request for it now in a perfect world VA should grant the IU with the same effective date as the last rating.  I would even think that VA should have mentioned it in the last rating decision. Did they send him a VA form 21-8940?

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SMC is mandated by law to be considered by the RO when a vet reaches TDIU for one single SC or 100% for one single SC and then has either a 60% independent rating for something else SC, or fulfills the Housebound Criteria.

I say "mandated by law "but that means the VA has to be able to read  the mandate and 38 USC 1114.

 

 

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Is his SSDI solely for his SC(s)? If so he should apply for TDIU and tell them he gets SSDI and what it is for.

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