Jump to content

Announcements



  • veteranscrisisline-badge-chat-1.gif

  • 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

  • Ads

  • Fund HadIt.com Veteran to Veteran LLC

    fundraising.jpegHadIt.com Veteran to Veteran Fundraiser
    Revenues are down, costs are up and I need your help. Financial gifts are always appreciated but never required. If HadIt.com has helped you and you can give back a little it is appreciated Give here https://community.hadit.com/donate/make-donation/

    Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Our picks

    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
      • 7 replies
    • Mere speculation in your VA C and P exam

      M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading
      • 0 replies
    • A favor please - just changed servers so if you have a moment...
      A favor please - just changed servers so if you have a moment go to https://www.hadit.com I'd like to see how the server handles a lot of traffic. So if you have a moment click the link and i can see how things are going on the back end.
      • 11 replies
    • It's time to ask for help from the community. If you can help with a gift it would be very appreciated.

      Fund HadIt.com Veteran to Veteran LLC


      Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 
      • 11 replies
  • Advertisemnt

  • 0
Sign in to follow this  
Sims65

Question regarding IU process and IU payment questions

Question

Hello,

My husband and I had a few questions about the Individual Unemployability and the decision process. He has SC PTSD 70% VA disability rating. And he just called his claim on October 25th. They are now requesting a VA Form 21-4192. I know the VA requires the form to be sent out even if the veteran has not worked in 5 years. My husband does fall into that category. He has not working full-time position since he was in the army and was discharged in the year of 2014. Due to his condition he's had to work odd jobs like mowing lawns, etc. However he has had two 1099 jobs that never averaged more than 20 hours a week. And he had to quit that job due to his PTSD triggers. He got this job shortly after his discharge in 2014. We indeed know he is eligible for IU with his 70% service connected PTSD. A VA rep told us we did not have to include those odd jobs or the 1099 position which it was not full time. Would like any kind of insight on what the VA requires for employment history. My next question is regarding IU benefit payments and current VA disability benefit payments. Are they two separate payments? all the sources that I have been able to find say monthly payment is alittle over $2900. Is that additional to the VA disability payment he already receives? And one last question. Are c&p exams always required for IU claims? We haven't been notified that he needs to have one yet. Thank you for taking the time to read my long-winded questions. Any insight would be great!

Share this post


Link to post
Share on other sites

4 answers to this question

Recommended Posts

  • 0

The first step of the process involves gathering evidence and putting together an application that proves you qualify for TDIU. This evidence includes:

Proof that you have a service-connected medical condition. You can use your military service records, medical records, physician’s statements, and other evidence to draw a causal link between a specific event in your military service and your current, diagnosed medical condition.

Evidence that your service-connected medical condition causes physical or mental limitations that are significant enough to make it impossible for you to obtain and maintain substantially gainful employment. Again, you can prove this using your medical records, diagnoses, lab test results, as well as statements and observations from your co-workers and managers.

Proof of a VA disability rating of 60 percent or higher if you are applying for TDIU with a single service-connected medical condition, or a combined VA disability rating of 70 percent or higher — with one condition receiving a rating of 40 percent or higher on its own — if you are applying for TDIU with multiple service-connected conditions.

It helps to get in VA Voc-Rehab  and if the counselors CAN'T  find a job your hubby can do  because of his S,C, Disability  they usually write a letter for the veteran stating that '' it is not feasible to retrain this veteran at this time because of his  S.C. Disability's''  that letter is gold as evidence to send in when applying for IU.

Share this post


Link to post
Share on other sites
  • 0

AS for as how they pay

If your hubby is increased  from the 70% he is at present..they will add the difference from 70% to the 100% including IU even if his rating stays at the 70% but being paid at the 100% of a grant of IU,. (BECAUSE HE CAN'T WORK)

  The difference between the 70% to the 100% adjustment will be his retro dating back to when he first filed for the increase  (Remember filing for IU is the same as filing for increase)

After the Adjustment  his monthly pay will be the 100% level with dependents  if any? so don't forget to add any dependents he has and make sure his banking account has been set up for routing and automatic deposits in his Bank Account.

Good Luck!!!

Share this post


Link to post
Share on other sites
  • 0

You posted:

Quote

 A VA rep told us we did not have to include those odd jobs or the 1099 position which it was not full time. 

Not exactly.  VA defines "marginal employment" as anything less than the "poverty level" which is about 12000 per year, and is based on your number of dependents.  "Marginal employment" is not SGE (Substantial Gainful Employment) . If he has earned over about 10,000 in the most recent 12 months, then it should be reported.  

Also the 2900 you cited is the "total", and no, your disability wont be added to that if tdiu is awarded.  But you probably would be eligible for social security disability also, if awarded tdiu.  

No, C and P exams are not always required.  Instead, you need a doctors opinion that your service connected disabilitie(s) prevent you from maintianing Substantial Gainful Employment.  You can check your medical records to see if this opinion is there.  With TDIU, 2 opinions are sometimes required:  One is your doctor, as I explained and another is from a voc rehab specialist who states you can not perform any type of work, including sedentary work.   

The 2d part should be a given with PTSD/depression, but it was not for me.  The thinking is this:  Ok, so you got 2 legs blown off, and you cant do most jobs with 2 missing legs.  However, you may be able to get retrained, and sit at computer and perform SGE.  I did not get tdiu until I had a voc rehab evaluation, even tho most employers would not want someone on the staff who is depressed severely whether or not it was "sedentary".  

 

 

 

 

 

 

 

Share this post


Link to post
Share on other sites
  • 0

Thank you for all the information.It has been very helpful! He hasn't worked at all in the last 12 months. Last job held was a 1099 position was in September 2015 and literally made under $300 for the month he did work. They never sent him a 1099. We spoke to the VA today, they stated that the employment form did not apply to my husband and they filled the form out and put in system. They also had us submit the VA 5103 notice response on ebenefits. Also regarding medical evidence. My husband has not been seen but a Medical doctor since his 70% PTSD/ 10% tinnitus was awarded.  He was awarded in November 2015. Should we reach out to the VA medical center or will the VA let us know if it is necessary or not? We did provide supporting evidence, lay statements from myself and my mother. Along with out patient counseling center detailed notes. And he also had counseling at the VA medical center which is in his record. I feel that he has a solid case. I another question of possible. Would the VA retro pay back to his original award date since he has not worked a gainful position since the Army? Different sources I have read stated that veteran's are entitled for retro pay from the date they become to disabled to work.

Edited by Sims65

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Similar Content

    • By Jash
      I’ve done the VA claim-bit on my own. I don’t  know if this is a mistake or not. 
      I went to a c&p exam recently. I left somewhat confused. I never had a doctor tell me directly that she was recommending an increase as well as IU. She said though it was ultimately up to the rater. I don’t have her report because 30 days has not passed. I was at 50% for ptsd and 10% hearing loss. During the appointment the c&p doctor quoted a couple other reports where VA doctors I’ve seen at various clinics said that I had “long term, chronic and severe...” (Don’t want to get into the what). I find myself now obsessing if: 
      1. The c&p dr was lying to about her recommendations; 
      2. The c&p dr was telling the truth about the recommendations;
      3. The rater will decrease my %
      4. The rater will increase my%
      Ultimately it boils down to: How much weight does the rater put into the C&P dr recommendations? Could I really get IU if that dr did actually recommend it? what are the chances?  The IU could help a lot, I’ve not been able to work much the past few years. 
    • By IGottaKnow
      I was recently granted IU back in September 2019.  I was trying to see if I was also P&T because of my award letter referenced CHAMPVA & Chapter 35 -- but it did not say that I was granted it (see info enclosed below). My award letter also did not mention a future C&P exam either. On eBenefits there is no Commissary Letter or Chapter 35 Letter under Letter Generator. I recently went to a local military base to get my Tan ID card in which the Expiration Date shows "INDEF" and the STATUS/Grade box reflects "DAVPRM". 
      I would like to get y'alls thoughts about this. Thanks!
       
      Your Benefit Information:
      ·         Entitlement to individual is granted effective April 22, 2019.
      ·         Evaluation of posttraumatic stress disorder, which is currently 70 percent disabling, is continued.
      See Rating Decision to find out why we made this decision. 
      You and your dependents may be eligible for benefits under CHAMPVA. CHAMPVA is a health benefits program in which the Department of Veterans Affairs (VA) shares the cost of certain healthcare and supplies with eligible beneficiaries. To be eligible for the CHAMPVA program a dependent must be the spouse or child of a Veteran who is permanently and totally disabled from a service-connected disability. You should call 1-800-733-8387 if additional information is needed, or visit http://www.va.gov/hac/forbeneficiaries/champva/champva.asp.
      Your dependents may be eligible for Dependents’ Educational Assistance (Chapter 35). For more information on this program, please visit the following web site: https://www.vets.gov/education/gi-bill/survivors-dependent-assistance/ or call 1-888-GIBILL-1 (1-888-442-4551).
       
       
       
       
       
       
    • By Wilson
      Recently I applied for increased compensation of my existing conditions,which were 10% hearing and 30% depression.
      I filed for a increase on my depression which went up to 70% from 30%.
      Second I filed for sciatica of right leg secondary to back.
      Anyway I went from 30% to 80% rating.
      I was not granted IU but was not filing for that,just a increase.
      Do I appeal being they did not consider me eligible,or do I just file a new claim for it.
       
    • By Austin
      Yesterday when reviewing my medical records I noticed an examiner did a C and P/DBQ addendum. Im currently 70 percent and submitted for an increase(12 months ago) and also filed for IU(2 months ago). I don't know what this nexus means and would like to know if the exam was for the IU or increase claim. This examiner did a table top review as I wasn't present for it. See below:
      Please utilize this form when responding to VBA requests for either addendums    or clarifications of prior VHA examination reports.        This Veteran was seen for a C&P examination in December, 2017. At that time    it was felt that the most appropriate diagnosis was that of a mood disorder,    which was considered to be severe. At that time it was noted that the Veteran    had been able to complete a college degree.
          In July of this year the Veteran was admitted to inpatient treatment, which    he successfully completed, and he continued in treatment throught the    remainder of this year. Treatment notes reference some improvement in
          functioning, with the Veteran reporting boredom.
          At this point, given the available information, I believe it is as likely as    not that the Veteran's severe mood disorder would make it impossible for him    to maintain employment over an extended period of time. 
          Perhaps vocational rehabilitation, combined with his continuing in treatment    might make it possible for him to obtain and maintain employment at a later 
      So my question is.. Does the nexus look favorable? What was this exam for(IU or my increase)? My increase is in front of the DRO and was filed in December of last year after my initial award. The IU claim was only filled a month or two ago. The C and P exam was done 15 days ago. Any assistance would be greatly appreciated 
       
    • By GeekySquid
      Hi all.
      I am new here and if i put this in the wrong section please help me get it to the right one.
      My main question, and i have dozens on several topics, is about TDIU/IU and its effects after a review by C&P at 5 year mark.
      Primarily do I have to accept an 'inferred" TDIU claim decision? As I understand it the RO can make this determination without my applying for TDIU, and there are some long term problems with being rated TDIU verses 100% Schedule.
      Here are the salient details.
      1) I am currently homeless, living in my car
      2) I have advanced education some of which is paid by VR&E some by student loans.
      3) The School and VR&E made decisions that denied me the most important classes in the degree I was seeking. I was forced to take second best or get kicked out of VR&E according to my case manager.  I took out 100K in student loans to offset the lack of those particular classes/certifications and got an MBA. It is not helping me re-enter the workforce.
      4). I have a long gap in work because of my PTSD and then 5 years in school. Trying to get employment with that huge gap and the lack of the specifics classes I was denied, is proving to be a barrier I am unable to overcome.
      5) Two days ago I had a C&P review at QTC (outside contractor) and Doc indicated that my condition and the current situation has me a millimeter from being, in his words "toast' in terms of being functional and able to work.
      6) SSVF has made a similar determination to the above review.
      7) VR&E has reopened my claim and is considering allowing me to get that additional training but I have to stabilize living situation first among several other requirements.
      8 ) I am a vet who has fought the VA for 25 years just to get treatment, which finally started in 2013. They literally denied I was in the military, that the events actually took place, that I had applied, that I had a "real" problem, and a dozen other bogus statements over the years.
      9)  I am currently rated as SC 70% PTSD, w/chronic anxiety, chronic depressive condition, and 3 or more other related things, 10% tinnitus,
      10) I have never applied for ratings increase or attempted to challenge what the docs said to the ratings board.
      11) I learned last year that my claim for bilateral hearing loss had been denied because they only looked at the records from one of my enlistments, but did say the tinnitus was SC.
      12) I have sleep apnea with VA CPAP issued but cannot "document" it started around the same time as my other stuff.
      13) The meds they gave me, a huge collection of dangerous drugs, caused excessive skin conditions that have not healed even though I stopped taking their meds (which were of no help anyway).
      Now the complicated part to explain without going on for pages.
      The doctor told me what he was going to write in his report to the raters. He claimed that I can expect to know in 5 weeks what the increase in my rating will become. I don't know how true that is but it is what he said is the "normal" time frame his company is experiencing for the vets they evaluate.
      He informed me that the VA gives them a list of 7 sentences with which they must use to define each diagnosis and then provide their supporting narratives. These sentences are in the DBQ's.
      Essentially he stated that for each of my conditions not specifically rated, i.e. chronic depression, chronic anxiety, etc. I am between 30% and 70% on each of them. AT a minimum my PTSD alone has worsened and should (his words) bump up significantly from 70%. To be clear he stated that they were NOT supposed to put out what they think the raters will decide but he said the way he was writing the report his patients usually fall in that category when they are like me.
      Using the VA Disability Calculator, I end up at a minimum bump to 80%. All other scenarios take me to 96% or 97% with the exception of them just choosing to NOT increase my rating, which is always a possibility.
      There is a significant likelihood that the VR&E will institute an "inferred TDUI" claim which seems to be in their purview. They do this by denying my VR&E and stating the reason as TDIU and the RO will process that whether I want it or not. 
      The other way to get TDIU or IU is to apply for it, which I have not done and did not know before now that I could.
      I also found out recently that a change in the Dept of Ed, originally started by the Obama administration but Congress would not vote on, has been now passed and the Trump administration is taking credit for the change. That change automates a process for Veterans who are 100% SC via Schedule or through TDIU or IU to get their student loans forgiven. The VA and the Dept of Ed and Social Security are sharing information and if you are rated at 100% they will actually notify you and you only have to sign a form, or you can start the process yourself.
      There is a problem with this though. If you are 100% through Schedule, then you are good to go. You can make as much money as you want and your loans are still forgiven. IF however you get the forgiveness based on TDIU or IU then you can only earn Federal Level Poverty line income, no more. In this scenario the Dept of Ed says that if your TDIU resolves you will be on the hook for those loans again. If on TDIU you earn more than Fed Level Poverty line you have to pay back any income over the poverty level that you received as a benefit.
      The change also makes it so the IRS does not treat the loan forgiveness as taxable income, which is a huge change.
      Of course in both cases you can never get another Fed Student loan, without agreeing to paying back the old loans.
      So my problem is understanding what I might do about avoiding getting an "inferred TDIU" rating if my latest evaluation does not get bumped to 100% Schedule. I plan on working and the idea of only being able to legally earn 13K a year poverty level income does not work for me. Until this exam I had not even considered asking for a review to increase my percentage, so getting 100% or any increase is pretty much a bonus that I had not looked for.
      I just don't want to screw myself by not knowing how to avoid the VA doing what it wants instead of what is best for me in the long run
      Thanks in advance for any help
       
       
       
       
       
  • Ads

  • Our picks

    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
      • 7 replies
    • Mere speculation in your VA C and P exam

      M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading
      • 0 replies
    • A favor please - just changed servers so if you have a moment...
      A favor please - just changed servers so if you have a moment go to https://www.hadit.com I'd like to see how the server handles a lot of traffic. So if you have a moment click the link and i can see how things are going on the back end.
      • 11 replies
    • It's time to ask for help from the community. If you can help with a gift it would be very appreciated.

      Fund HadIt.com Veteran to Veteran LLC


      Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 
      • 11 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines