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unclejoe1

Do I qualify for individual unemploybilty

Question

I was  awarded non service connected pension for my bilateral hip problems in 2009, I later was service connectioned for them with award date of 2009. Since same policy under  cfr38 4.16 an4.17 govern unemploybilty,  should I be able to claim  unemploybilty now that I am service connected for my hips.

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That makes perfect sense, but it may not work that way.  What disability percentage are u rated for the hip problems.  Go ahead and apply, but you will have to fight for it.  

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6 hours ago, unclejoe1 said:

I was  awarded non service connected pension for my bilateral hip problems in 2009, I later was service connectioned for them with award date of 2009. Since same policy under  cfr38 4.16 an4.17 govern unemploybilty,  should I be able to claim  unemploybilty now that I am service connected for my hips.

I was awarded 20% ,the vba just remanded back to r.o because I had filed for an increased rating dating back to my initial service connection of 2009, stated my claim needed to be developed further 

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We dont know if you qualify for TDIU or not.  The criteria is established in 4.16a and 4.16b (if you are eligible for extra schedular IU).  So, a few questions, YOU need to answer:

1.  Do you meet the criteria for 4.16a, that is, the minimum disability percentage requirements?  40/60  or 70.  

2.  If you dont meet the criteria for 4.16a, did the BVA decsion say you were eligible for 4.16b?   Mine did.  

3.  Do you have, in your records, a doctor statement saying that you are unable to maintain SGE due to SC conditions?

4.  You may also have to have a Voc Rehab assessment, that is an opinion by a voc rehab counselor that your sc conditions prevent SGE.   A biggie here is "sedentary work".  If you are SC for a "hip problem", does that mean you could sit at a desk and do sedentary work?  (Of course, I dont know whether you could do that or not).  If either a doctor or a voc rehab specialist opines you could do sedentary work, then you probably wont get TDIU, until/unless you get an IMO/IME refuting that opinion.  

5.  If you have not ordered your cfile to read for yourself all these things, you should do so and only then can you decide for yourself if you meet the criteria for TDIU.  

      I agree that getting pension, then getting that sc is a big deal, and it may lead to TDIU.  But you are not given a "pass" on the criteria, you still have to meet those above.  

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At 20% I dont see you getting IU bud. I would get new X rays and MRIs, and if the Results show that you have gotten worse, then you will be granted an increase. If C&P Doc says that it affects you working, then you would qualify for IU. Good luck and keep us posted. God Bless

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18 hours ago, unclejoe1 said:

I was  awarded non service connected pension for my bilateral hip problems in 2009, I later was service connectioned for them with award date of 2009. Since same policy under  cfr38 4.16 an4.17 govern unemploybilty,  should I be able to claim  unemploybilty now that I am service connected for my hips.

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