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Wayne TX

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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?

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  • HadIt.com Elder

I filed for TDIU when I had 30% because I was in active pursuit of the TDIU rating.  When I finally got granted TDIU   (70%) the VA did make it retro to the date I filed for it.  Then I got an even earlier date because I claimed it due to a hospitalization that occurred about 6 months earlier.  File the TDIU and maybe you will get 100% and not even need it but it is a good fall back.

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That's really good stuff to know John.......I am going to file for it.   I am surprised you filed being only 30% but that's very encouraging to  know.   Did you file it as a straight forward NOD or first as an Intent to File then NOD?  Just curious.  Happy you got the 100% and covered.   We all need fall back with the VA brother!   

 

 

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WT, every SC Awarded is also viewed by the  Rater with regards to a possible inferred IU Claim or possibly an Extra-Scheduler IU Award.  Possible future SC Awards, don't count towards your current Scheduler Eligibility for IU.

You're currently 50% SC, so you are not eligible for an IU Scheduler Filing or Award. Nothing stops you from filing the IU Claim however, an Administrative Denial would be the result.

As to the DRO Hearing, if the IU Issue was not addressed as a Denial and listed on your original NOD, the DRO will only make a Decision on the NOD'd issues that are before him.

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  • HadIt.com Elder

Wayne Tx

You may just want to wait on all your appeal decisions to play out and see what they rate you?  because if you get a high enough rating for all these on appeal  they may rate you 100% scheduler  through the combined rating system and you won't need to file for the IU.

or if you meet the critera for IU they may infer it  if you don't meet the 100% Scheduler

100%scheduler is the better way to be rated  (jmo)

IU and 100% veterans get the same benefits   the only difference is if they make you P&T on either side  of the IU or the 100% schedular & with IU you will need to send in the 21 4140 employment questionnaire every year  usually around your anniversary award date.

  P&T is when your total disabled & the benefits are better for the spouse and she can get chapter 35 champva insurance and education allowances.  you get a free 10.000 life insurance policy paid by the VA  and other benefits I can't think of at the moment.

After your 100%scheduler   or IU anything you claim from then on if you have another condition that you file for and you are rated 60% meets the criteria for SMC S  or if you have combined ratings   (meaning other S.C. Conditions  that add up past the 60%  then you will meet the SMC S and that's an additional 347.00 month added to your IU OR 100% Rating.

Remember  SMC is not a Rating  but a way of life expenditure to help with your quality of life. 

Edited by Buck52
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WT, being optimistic regarding your Appeal is fine, being overly optimistic can cause a false sense of security, not good.

What SC's make up your CSC 50%? Just being out of work or unemployed/underemployed does not make you IU Eligible. What SC, in your opinion, would make you unable to secure any and all types of "SG" (Substantially Gainful) Employment, including Sedentary employment, that would provide Earned Income in excess of the VA SGI ($12,400 per Yr)?

Give consideration to Applying on your eBen site for Vocational Rehabilitation Services. If a VRC were to determine you would currently be unsuccessful in the VR Program,  due solely to your SC Conditions, a VR Denial Letter could be a piece of GOLD as Evidence of a current IU Status.

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Gastone......I hear ya but I have to think positive or what is the point of even trying...........I would file on the basis of Sleep Apnea if over turn on appeal.   I have a lot of issues tied to it with daytime drowsiness and falling sleep just sitting at computer or watching TV, etc......also have restless legs syndrome (RLS) diagnosed so I'm moving around a lot every single night knocking CPAP mask loose leaking out air and waking me up.   I do not think my other s/c are enough by themselves, but two of them (allergic rhinitis and pansinuitis) are also secondary factors causing or aggravating Apnea and that would factor into the overall equation.  I plan to claim RLS as secondary to Sleep Apena on grant.   Do you think Apnea has a strong enough basis?  

 

 

 

Edited by Wayne TX
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