UI

[Wilson]

I recently got a 80% rating.

I was not rated as UI,but was not applying for it,now that I am 80%,how do I go about getting it.Do I file an appeal against the current claims I was just awarded,or just straight out apply go it.

[broncovet]

Im assuming you mean TDIU.  "UI" is either "unemployment insurance" or "urinary infection", and probaly dont apply.  

You can appeal your 80 percent rating if you are within a year of that VARO decision.  

Or, you can file for TDIU by filing the applicable tdiu form.  If you feel the 80 percent was low, then I suggest an appeal.  YOU can do both..appeal the 80 percent and file for TDIU at the same time.  This is my suggestion provided that you have the following evidence you will need to get tdiu. 

1.  You need to not have Substantial gainful employement.  (That is, you are not working).  If not working, did you quit?  It really does not look like you are unemployable if you had a job and quit it, unless you had a very compelling reason.  One example of a compelling reason is if, say, you had to go to the doc 4 days a week for PTSD appointments,a nd your boss got tired of you missing work and told you, "Quit or you will be fired".  Now that is a compelling reason.  

2.  You need to be "unable to work" due to Conditions which are service connected.  This needs to be documented.  REad your file and see if your doctor has an opinion that you are "unable to work" due to sc conditions.  

    

[vetquest]

You must apply for it.  Are you working right now?  Don't quit your job to file for IU.  If you have lost your job or are not working then by all means apply.

[Buck52]

Remember

Filing for I U  is filing for an increase, so if you just got 80% they should have inferred the IU then if you repoted that you were not working because of your disabilty now service connected @ 80%.

Appeal the decision and request the IU  make sure you have a qualified Dr Letter or opinion note that you can't do any type of employment because of your s.c. disability ,  the Doc needs to examine you and read  pertaint records about your now s.c. disability and go into full detail as to why he thinks you can't work.

usually veterans sign up for Voc -Rehab And the councilor can write a opinion letter that its unfeasible to retrain this veteran at this time  due to his s.c. disability.

VA 21-8940 Form for  filing unemployability     (click the pdf link)

https://www.veteransbenefitslawfirm.net/wp-content/uploads/sites/7338/2015/07/VBA-21-8940-ARE.pdf

You can file both ways as broncovet suggest.

Appeal & request the IU , that  youShould have been given/inferred to you  at the time they gave you the 80% and or/  file for the IU on form 21- 8940.   

YOU JUST NEED EVIDENCE THAT YOU CAN'T WORK ANYMORE DUE TO YOUR 80% S.C. Disability.  

Use a Specialist to opien this  that you can't work or do any office work due to your S.C. Disability.

They have Regulations for this if your above 60%  and can't work but don't meet the 100% rating criteria.

CFR 38 4 15 (a) 4.16 (b)

 

[Buck52]

Here is a pdf link for the NOD (Notice of Disagreement) 21-0958

https://www.vba.va.gov/pubs/forms/vba-21-0958-are.pdf

 

[Buck52]

you may want /need to read these CFR 38 Regulations I mention above.

 

4.16   Total disability ratings for compensation based on unemployability of the individual.

(a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination.

(Authority: 38 U.S.C. 501)

(b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

[40 FR 42535, Sept. 15, 1975, as amended at 54 FR 4281, Jan. 30, 1989; 55 FR 31580, Aug. 3, 1990; 58 FR 39664, July 26, 1993; 61 FR 52700, Oct. 8, 1996; 79 FR 2100, Jan. 13 2014

[Carl the Engineer]

I look at it this way.  If your rating was increased to 80%, and you think that that issue was correct, i.e., you just received a rating for heart disease of 60% which brought your total to 80%, all is good.  And now you are not working either before or now, submit for IU (Individual Unemployment), based of all of you disabilities and your not being able to work.

Now, if you do not agree with your last rating, then appeal that rating, and in addition, apply for IU.

My thinking is IU is not a rate-able condition, like high blood pressure or diabetes, but rather circumstances the VA takes into consideration regards the Veterans ability to work. 

There are Veterans that do not meet the statutory conditions for IU, but get it because they proved the could not work, and then there are Veterans that exceed the statutory condition by a long shot that do not get or want IU.  If you think you need it, try and get it.  They can only say no.

You need evidence to prove you can not work.  The more the better.

I think your possible ratings appeal and your inquiry into IU are separate issues, but can definitely be claimed together.

My thoughts,

Hamslice

I was just rated at 90% and will be unemployed in 2 days.  So, I may be interested in this path, soon..