Do I qualify for individual unemploybilty

[unclejoe1]

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.

[broncovet]

Yes, you can file for TDIU while your claim for increase is pending, even if its in appeals.  TDIU "is" an increase.  You will want to file for TDIu on the applicable form, and send it to the evidence intake center.  

[Gastone]

Joe, what's your current CSC Rating percentage, less than 50%, correct?

If that's the case, you're really not eligible to file the Specific Claim for a VA Scheduler IU Rating. An Administrative Denial of your premature IU Claim would be likely.

That's not to say that the Rater working your regular SC Increase, wouldn't determine that your circumstances are so exceptional that you may be entitled to a Rating Department Division Manager's Review to determine the Award of an Extra-Scheduler IU Rating.

As to the actual IU Rating, have you had "Earned Income" of less than the VA SGI $12,400 for the 12 months preceding the Filing for IU?  What's your employment history for the past 5 yrs? Do you have any Medical Evidence (DBQ's, Clinician Treatment Notes) that states your SC Conditions preclude you from doing "any type" of work (Including Sedentary?"

Semper Fi

[unclejoe1]

11 minutes ago, Gastone said:

Joe, what's your current CSC Rating percentage, less than 50%, correct?

If that's the case, you're really not eligible to file the Specific Claim for a VA Scheduler IU Rating. An Administrative Denial of your premature IU Claim would be likely.

That's not to say that the Rater working your regular SC Increase, wouldn't determine that your circumstances are so exceptional that you may be entitled to a Rating Department Division Manager's Review to determine the Award of an Extra-Scheduler IU Rating.

As to the actual IU Rating, have you had "Earned Income" of less than the VA SGI $12,400 for the 12 months preceding the Filing for IU?  What's your employment history for the past 5 yrs? Do you have any Medical Evidence (DBQ's, Clinician Treatment Notes) that states your SC Conditions preclude you from doing "any type" of work (Including Sedentary?"

Semper Fi

I haven't worked in 9yrs, been receiving non service connected pension. My current rating is 20%,but  Sept 15 vba remanded my claim for increase to r.o for my claims regarding my hips and throat disabilities. I have hypertrophied tonsils 0%service connected, trying to claim sleep apnea as secondary to throat disability if granted this increase for my hips and sleep apnea, I hope it qualify me for I.U 

[john999]

Get an independent medical opinion that says your are so disabled by your hip problems that you cannot work.  You might also try and get a depression claim started as secondary to the hip problem.  Almost all severely disabled people do suffer from some sort of depression being excluded from the work force and being poor and often in pain.  You need medical documentation for all this.  I started with 10% and now have 90% TDIU but it took years as I got worse and worse and could prove it.  The VA wants evidence!  Rational arguments do not work with them no matter how obvious.

[Gastone]

Can you post a copy of the BVA Remand? Would be very informative.