C&P

[Wilson]

Recently after applying for an increase on my depression secondary to back,and also sciatica secondary to my back also I was awarded 80 % rating.

I did not apply for IU was only applying for increase on my current condition.

Now that I'm eligible for IU do I have to appeal due to them not automatically awarding it,or do I just file for it?

[doc25]

1 hour ago, Wilson said:

Recently after applying for an increase on my depression secondary to back,and also sciatica secondary to my back also I was awarded 80 % rating.

I did not apply for IU was only applying for increase on my current condition.

Now that I'm eligible for IU do I have to appeal due to them not automatically awarding it,or do I just file for it?

You can apply for it if I'm not mistaken.

[Berta]

If the VA knew you were not employed-they should have inferred TDIU.

If they did not send you the 21-8940, yu can apply for TDIU yourself.

I will find the form and post it here-

[Berta]

https://www.vba.va.gov/pubs/forms/vba-21-8940-are.pdf

"20. DO YOU RECEIVE/EXPECT TO RECEIVE DISABILITY RETIREMENT BENEFITS?"

Check Yes if you already get SSDI or Yes, if you intend to apply for SSDI and refer them to the Remarks page and tell them what date your SSDI is from  and what disabiity it is for. You could state you are also  enclosing a copy of your SSA award letter.

When SSA awards SSDI solely for SC disabilities, that is good evidence for TDIU.

If VA Voc Rehab ever turned you down solely due to your SCs, that too is evidence of unemployability.

Keep a copy of the filled out form for your records.

 

[Buck52]

16 hours ago, Wilson said:

Recently after applying for an increase on my depression secondary to back,and also sciatica secondary to my back also I was awarded 80 % rating.

I did not apply for IU was only applying for increase on my current condition.

Now that I'm eligible for IU do I have to appeal due to them not automatically awarding it,or do I just file for it?

They are supposed to infer the IU if you can't work due to your S.C  Disabilitys ,some times they don't do that.

 Also applying for increase like your condition applying for increase  is applying for IU it's good to fill out the IU FORM  Because we can't always count on the VA

If you have a decision  on this?  you can Appeal it and request either the 100% scheduler rating  (look up the rating chart per your disability's) and see how they are rated or the correct rating criteria...you could get the 100&  if you point this out....but never the less the IU  you definitely should get.

As Ms berta mention attach all your evidence to the IU Form  and the rating criteria if it all adds up to the 100% scheduler. Request both the IU and the 100% scheduler   especially if the rating criteria meets the 100% for which the disability that you are applying for.

Once you open their eyes they may read your claim better  they should either give you the correct rating if that rating meets the 100% critera or if  your conditions only warrants the 80% & it keeps you from working   this is when they should apply the TDIU /P&T 

jmo