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Extraschedular IU?

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Vync

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  • Content Curator/HadIt.com Elder

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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  • Content Curator/HadIt.com Elder
55 minutes ago, pete992 said:

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?

Oh yeah, the VA being sneaky is definitely a well known problem.

The VA decision was within a year, but backdated to 2013, as was his SSDI approval.

 

I don't know if he was sent a 21-8940, but will check.

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If VA received that SSDI info within a year of his filing the claim they should give him the favorable SSDI award date for the EED.

I am in a hurry and not explaining this correctly but it is all explained in a topic here I wrote about Date Entitlement Arose.

personal example : Husband was 30% SC PTSD in 1983.

he filed for an upgrade 1992.

He applied for SSDI in 1992 - granted for PTSD back to 1991.

SSDI award solely for PTSD in 1993. VA awarded 100% _P & T for SC PTSD, with 1991 SSDI entitlement date.1997

He never saw the award,  as it was a posthumous award.

The date his entitlement arose was the date of the SSDI EED...please find the post I referred to because I am not quite stating the regulation the exact way.

 

Edited by Berta
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  • HadIt.com Elder

Years ago back in 2002  I was 50%

Ask for increase& C&P was blown out of the water 

NOD a proposal to reduce b/c an idiot VA Examiner...Had DRO  Hearing at RO,

DRO gave me an increase of 50%  making me 100% and since I could not work he expedited  my claim to TDIU P&T  Disability as in Nature with no Future exams, Effective upon receipt.

  just last year I filed a claim in for PTSD and was awarded  70% Rating and this time they awared me SMC S-1 H.B. AT 170% Rating but still consider at 100% rating....even if a veteran is awared SMC's  he/she is still considered 100% but get paid a higer comp according to the SMC Disability's

 

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

Right now with spouse  I get 3.415.92

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Housebound is often an odd scenario.

I feel you should check the HB regs here at hadit and also some BVA decisions.

In my Nehmer award they said both 100% plus 60 SMC and then also they said my husband was Housebound.

He could not drive ,had visual problems, and had extremity weakness and difficult  ambulating due to a Section 1151 stroke and the VA Van, for their Day Treatment program, had to pick him up and bring him back home.

I was a livestock farmer and could not make all those trips driving him,plus there was another psychiatric concern VA had so they sent the van for safety.

He also got lost on a PTSD inhouse program trip but they found him.

He was not entirely housebound but his 1151 stroke and his 100% PTSD made it difficult for him to be considered non housebound.

It depends on the individual evidence of housebound..... in a case where a veteran has an MH issue and also agoraphobia, due to the SC, then that is definitely a Housebound criteria if they meet the 100% SC

 

 

 

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