bilateral factor question for IU

[51b20]

Hello, this is my first post. 

I am  trying  to find out if I qualify to put in  for IU with my current  ratings.

Also, I want to file a claim for depression  as a secondary  to these ratings, but I am not sure what I should do first.

Thanks.

[broncovet]

There are "2" ways to qualify for TDIU:

1)38 cfr 4.16 (a) where the "minimum percentages" are laid out.  

2)38 cfr 4.16 (b) where there are no percentage requirements.  

     The VARO's are EXTREMELY reluctant to grant under 4.16(b), these are routinely denied.  However, the VA has a policy that Veterans who are unable to work due to their sc disabilities "should be rated ast totally disabled".  

     There are 2 ways to be rated totally disabled:   

1.  Schedular, that is, your percentages combine to 100% or more.

2.  Tdiu, where your percentages dont combine to 100 percent but you still are unable to work due to sc disabilities.  

     Now, newer case law explains, "There is no such thing as a stand alone TDIU claim", but rather, a claim for increase which includes tdiu.  

     Therefore, VA CAN increase you to 100 percent OR award tdiu if you are unable to work due to sc conditions.  But they SHOULD do at least one of these.  

      Read the criteria for these for more details.  

[Buck52]

I aree with what broncovet mention in the above post.

as for as filing a depression claim secondary to your current ratings   if that condition meets the criteria for a secondary condition file for  it   or just file for depression and let the VA Figure it all out.

  when we wait to file for a condition  Direct sc, or a secondary condition  were wasting time and losing $$...FILE THAT CLAIM or file a ITF.

I tell Veterans if they have a condition they think is military related file for   regardless if they have any claims in...the sooner you file the faster you will be awarded the claim   it starts your EED.  if your in doubt  by filing a secondary claim or you think by filing   it will slow down the process of your current claims    it won't  they work each claim separate

you could file a ITF (Intent to File)  you have a year after filing the ITF before you have to submit it. (This is what I'd do)

[51b20]

Thanks for the info. I do have a ITF that expires on the 25th of next month, so I have to figure out my next move soon.

Can I use the same ITF for more then one claim? 

[51b20]

Update on my claims.

I was rated at 70% when I filed some claims and for IU. They closed one claim about a month ago and deferred the rest including my IU claim and that was closed last week.

  On the claim closed last month, they granted me another 70% which bumped me up to 90% and no reductions. So far so good, but got  the denial letter for IU today.

  I am confused about why they would bump me up to 90% SC and deny the IU. This is what it stated.

 

7. Entitlement to individual unemployability
Entitlement to individual unemployability is denied because you have not been found unable to
secure or follow a substantially gainful occupation as a result of service connected disabilities.
You are considered capable of gainful employment. 138 CFR 416,38 CFR 4.18)
Favorable Findings identified in this decision:
Your service-connected disabilities meet the schedular criteria for entitlement to individual
unemployability.

Laws and regulations applicable to this issue:

38 CFR $3.1 Definitions.
38 CFR $3.4 Compensation.
38 CFR $3.304 Direct service connection: wartime and peacetime.
38 CFR $3.400 Effective Dates - General.
38 C.F.R. $4.16 Total disability ratings for compensation based on unemployability of the
individual.

I don't know how to approach this. I thought that 90% is as high as I can go without reaching 100%.

Any advice would be helpful, because I am lost on this.

Thanks.

[Tbird]

@51b20 you may find this article by Chris Attig of Veterans Law Blog check it of here 

TWO ways to prove unemployability and win a VA TDIU claim

https://www.veteranslawblog.org/tdiu/?ck_subscriber_id=222925770

[51b20]

Thanks for the info.