Got a Individual Unemployability question?

[Wayne TX]

I am currently at 50% and I have submitted and still waiting on Appeals for another 110%, of which one is a 50% rating for Sleep Apnea whereby I have fully compiled with all rating guidelines plus nexus backed by two IMOs linked to secondary s/c already cited in past BVA decisions on Apnea decisions............thus I do anticipate at some point having a minimum of a 70% rating derived from my Appeals whereby one disability would also be above 50% itself. .............thus MY QUESTION:  I did not seek or included in my Appeals for Individual Unemployability because am only 50% thus not qualified at this time to seek same.  In assuming my Appeal for Apnea is granted I will have acquired the required a total overall compensation disability rating  of 70%, so can I still make a run/claim for IU at my DRO Hearing, or does that need to be filed now before the Hearing ever takes place to even be considered?  I will receive a Video Conference Hearing at RO.  Has anyone out there sought IU at their actual Hearing Date and got it based on Appeals exceeding 70% or greater once the Appeals were granted and awarded?

[broncovet]

I agree with Buck.  File for TDIU, as soon as you are not working.  To win, you need a doctor to state

"your service connected disabilities render you unable to maintain substantial gainful employment". 

There are 2 types of TDIU:

1. 38 cfr  4.16 a, which, as you pointed requires minimum disability percentages. 

2.  38 cfr 4.16 b, which does not require minimum disability percentages. I won on 4.16b, largely because the VARO "low balled" me, at 30 percent, which happens a lot.  

    "Waiting" will likely cost you money.  To figure out how much it will cost you, take 70% (1365 per month for a single Vet) subtracted from 2973.   Its a difference of 1608 per month.  How many months of 1600 bucks can you afford to throw away by waiting?   For me, the answer is zero.  

[Buck52]

yes you can still make a run for the IU,at your DRO Hearing  or even before so the DRO will see it  but if you don't besure to request the IU at your DRO Hearing.

If your S.C. Disability's is the cause you can't work  then yes file for the IU.

YOU NEED A Dr to state you can't work because of your service connected disability's

 A Veteran Must  file for the IU ,they won't give it you if you don't file for it  its required to file.

Edited January 9, 2018 by Buck52

[ArNG11]

Bronco you always make things simple.  I really enjoy that about you.    Wayne I with the guys, make haste, file for the TDIU, it makes a huge difference not just monetarily.  New doors to different benefits can and may apply.

[Wayne TX]

I understand the part about Drs stating unable to sustain as key components..........so, if I am understanding this other part correctly.........I can and should apply for TDIU even though only 50% disabled now yet the two Appeals I have yet to know their verdict would actually be the strongest ones I'd have Drs. signing off..........one has already been stated in the Appeal N&M?   Buck and Bronco you both make great points.......that's why I ask questions of those who have already been down the road. 

 

Edited January 9, 2018 by Wayne TX

[jfrei]

Also if you don’t have a doctor who states that opinion as I didn’t in my case they sent me to a C&P for what I filed my IU I lost my previous job due to my medical condition so my previous employer sent in the form they requested as evidence. This was what caused Them to send me to a doctor for C & P to state I can’t work due to my TBI residuals which is what they needed to hear... 

[Carl the Engineer]

File.

In some cases the VA awards IU even when the situation does not meet the guidelines for percentages.  Also, if denied, but later "it should have been" awarded, the earliest date might help.  Can't hurt to file.  Now...  Especially if you can get the doc letter stating you can't work because of you service connected disability.

 

Hamslice

 

Edited January 10, 2018 by Hamslice
cause I can