Jump to content
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

  • Searches Community Forums, Blog and more

  • Ad Free Subscription.jpgOne Time Financial Gift.jpg

    Subscriptions and Gifts are NOT Tax Deductible. HadIt.com is NOT a Non Profit.

  • 0
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.

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

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.  

Share this post


Link to post
Share on other sites

Ad

  • 0
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 

Share this post


Link to post
Share on other sites
  • 0

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.  

  • Like 1

Share this post


Link to post
Share on other sites
  • 0

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

  • Like 1

Share this post


Link to post
Share on other sites
  • 0
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.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Our picks

    • Type 1 Diabetes recent onset!
      I was diagnosed with Type 1 diabetes in September 2017 OUT OF NOWHERE.

      i am a Navy Reservist and deployed in later 2009 to mid 2010 and again later 2014 to mid 2015; had a 2 year recall between those deployments.  

      Only healthcare received since commissioning in 2008 was from the Navy and no issues EVER.

      insulin dependent and have dietary restrictions and in a non deployable status.

      VA denied initial claim due to Type 1 not showing on active duty and now appealing.

      Anyone with successful experience getting a rating with my circumstances?  I live in Upstate New York.
      • 9 replies
    • Agent Orange Kadena Afb Okinawa
      I am looking for anyone who was on Kadena AFB, Okinawa or .Chanute AFB, IL. My dad was there from Oct. 68-April 70. He has ichemic heart disease, diabetes which has resulted in the amputation of his right leg below the knee and peripheral neuropathy. We were denied in 2002 AMVETS filed a claim on his behalf for heart condition, diabetes and back problems. I refiled in December 2011 and have just received the claim statements and medical release forms. I am familiar with filling out this paper work because my husband is a combat veteran of Iraqi Freedom. I have been reading articles from the Japan times and I am a member of the Agent Orange Okinawa facebook page. Another thing that helps make my dad's case is that he was on Chanute AFB, IL and it is on the EPA Superfund list and has PCBs/Pesticides and Dioxins/Furans listed as ground and water contaminants. I welcome any advice, tips or articles that I may have missed in my own research.
        • Like
      • 15 replies
    • CBO Options for Reducing the Deficit: 2019 to 2028 Published Dec 2018
      CBO Options for Reducing the Deficit: 2019 to 2028 - This CBO Report has been making the news. This post includes parts relevant to veterans. Nothing has been decided as of yet and some seem very unlikely but you never know. Forewarned is Forearmed.

       

      https://www.hadit.com/cbo-options-for-reducing-the-deficit-2019-to-2028-published-dec-2018/
      • 8 replies
    • 2019 Veterans Benefits
      State Benefits, Space A and More ... https://www.hadit.com/2019-changes-to-veterans-benefits-state-and-federal/
      • 2 replies
    • Appeal granted and closed.
      My appeal was granted and closed on November 9.  I got an unofficial notification from the DAV on November 15 stating "appeal granted with an evaluation of 30%" which is great!  My question is this:  How long until I get the official notification from the va? Nothing on ebennies has updated since the appeal closed. Appeal is now in historical and just says complete and at originating va office. I understand no one knows va timelines to a tee but a general timeline would be great.  Thank you all! Hope you have a Merry Christmas!

       

      Edit:  This was my first time appealing and it was a VBA grant. 
        • Like
      • 6 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×

Important Information

{terms] and Guidelines