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  • 14 Questions about VA Disability Compensation Benefits Claims

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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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  • Most Common VA Disabilities Claimed for Compensation:   

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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

Have Cervical 30% rating for a 4 level fusion doct stated in 2008 when it was a 3 level fusion i would only get worse in which i did and added a fusion in 2015 and stated i will get worse again in which i am and will probably require a fifth level fusion.

Have Lumbar 40% rating for ddd

Have Major Depression Disorder of 70%

Have Migraine rating at 30%

I would like to know should i file for TDIU or IU ?  what is the difference between the two?

What will i need to file and how do list for which ratings?

Further can i request P&T because my surgeon states that i will only get worse?

 

 

 

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TDIU is simply Temporary Disability Individual Unemployability and IU is Individual Unemployability. TDIU is usually for convalescence from surgery or a hospital stay greater than 21 days. IU is due to your disabilities preventing you from working. Your 70% rating makes you eligible for IU but does not guarantee you a grant of IU. 

Keep in mind that when you were granted the 70% the VA reviewed your file for IU and determined you were not eligible for IU. Now, that may have changed with the worsening of your conditions. You would need to file a 21-8940 to file a claim for IU along with a 21-526EZ. Be sure to supply your employer information for the last 5 years you worked. The VA will only go after employment info for the last year you worked but you still need to supply 5 years of information.

One last thing... know that there is always the possibility that the C&P exam could result in a reduction if you disability has improved.

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I believe the VA refers to TDIU P&T as a veteran as Total Disability Individual  Unemployable/ Unemployability.

IU is for veterans that can't work because of their S.C. Disability Usually using the extra scheduler with a combined rated of 60% or more but does not meet the 100%  rating

Although a veteran can be awarded Temporary IU for convalescent stays in the hospital for surgery's or sickness that will improve.
The VA generally refers to a claim as a TDIU claim when two conditions are met: 1) a veteran has one service-connected disability with a 60% or more disability rating, or has two or more service-connected disabilities with a combined rating of 70% or more, and 2) there is medical evidence of unemployability. If the veteran satisfies these two conditions, then he will be entitled to a 100% disability rating, even though he does not satisfy that 100% disability rating under the schedule. See 38 C.F.R. §4.16(a)

An extra-schedular rating, on the other hand, applies to veterans who are unemployable due to their service-connected disability(ies), but whose disability(ies) does not meet the percentage requirements under §4.16(a). See 38 C.F.R. §4.16(b.)

A veteran can be rated 100% disabled under both a TDIU or extra-schedular theory. See Bowling v. Principi, 15 Vet.App. 1, 5-9 (2001).

 

Edited by Buck52
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Just for an IU update, good friend just got his IU Award (1st Try), end of 15. He was 70% SC with a 50 for PTSD and I think 30% for Migraines, age 72. He also got the VR dept Denial Letter within about 2 weeks of applying to Voc Rehab.

His IU Award was TDIU Total & Permanent, No Future Exams Scheduled. The IU award referenced both his MH SC's and the Voc Rehab Denial Letter as evidence of his IU.

He got the IU T & P, but was upset that the Rater reduced his PTSD from 50% to 30%, based on the recent PTSD C & P DBQ. The upside was the Rater increased his Migraine SC from 30 to 60 or 70% based on VMC Clinician Notes. He was certain that his PTSD would be bumped to 70%.

This is one of the few times that the VA looks at a Vet's age other than 55. At 72, chances are slim & none, that his long standing SC's  (even though their both MH issues) will improve or his IU status will ever change.

Semper Fi

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