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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Question

Can a vet file for IU, if he has only 50%,he is 68 years old,or does he have to have 70% for one disability to file or can he have different disabilies that equal 70%,with being 68,what are the odds of getting iu

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Yes he can file a IU Claim  if his S.C. Disability keeps him from working, Age is not a deciding factor with IU

Normally the vet needs at least a 60% disability that keeps him from working/combined ratings  50% 20% 10% ect,,ect,, but under special circumstances he can be  IU if the disability keeps him from working at 50%

 although he could  file for increase and request the IU but will need Dr's opinion and  letter from Voc -Rehab stating its not feasible to retrain this veteran at this time.

but age is not suppose to be a factor in rating IU.

JMO

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

Edited by Buck52
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The odds are good if you have the evidence and the persistence.  The evidence you need is a doctor saying that you are unable to maintain substantial gainful employment, due to SC conditions.  

 

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The Vet rated currently as 50% SC is Scheduler Ineligible to file a regular claim or FDC for IU. An Administrative Denial due to not meeting the IU Scheduler Filing Requirements is guaranteed. His age (68) is not an IU consideration factor at this time but with Congress you never know what the future holds.

If he files a claim for any other condition, and an Award is made, the resultant combined SC Rating may & should cause an "Inferred IU Claim" to be noted in his Award Letter.

He can't be just Retired, unemployed or under-employed. He must be unable to do even Sedentary work that could earn him in excess of the SGI ($11,400 per yr over 65) $5.48 per hr (40 hrs $219 wkly). The VA now requires the Vet specify on the IU claim, exactly which SC causes his IU.

A VA Vocational Rehab Denial Letter, indicating his SC conditions currently make him ineligible for the Voc Rehab Program, would be Excellent N & M Evidence for an IU Claim.

Semper Fi

Semper Fi

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Also the Reg's States

Under exceptional circumstances this benefit may be granted with a lower disability rating than noted'' above 60%'' provided the evidence shows the service-connected disability or disabilities present such an exceptional or unusual disability picture, due to such factors as marked interference with employment or frequent periods of hospitalization, that applying the normal disability requirements is impractical.

 

 

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