IU after Retirement

[paulstrgn]

I was talking about this in another thread but as @Buck52 said I don't want to hijack someone else thread.

I will be retiring from the federal government around the end of October, I will be receiving a retirement check from them, I am also retired from the Air Force. My quest is can I get IU even though I am retired?

Once I retire I will also go to the VA Voc ReHab. I am also hoping (like everyone else on this site) to get to 100% P&T I almost there now.

If I do get 100% P&T is there any need to pursue IU?

[paulstrgn]

I did file my claim for ED yesterday, not sure how long it will take to make a decision on but it is filed.

On a side note I had talked with someone from the VA (I had emailed the regional director in Roanoke, VA and she had him contact me) with speaking with him we talked about when does the VA look at previous disabilities. He told me whenever someone files for an IU the VA will look at all of their disabilities again. It sounds like the VA does not want to approve anyone for IU which I think is crap!

[GeekySquid]

4 hours ago, paulstrgn said:

when does the VA look at previous disabilities.

 

To me the question here is what is meant by "Look At".

The VA can, on a request to increase a rating, look at the records submitted and decide just on the records to increase the rating. Except on a few specific claims (Review PTSD for one) do they absolutely have to send people for a C&P.

Furthermore, the VA has a duty to maximize your benefits. In normal situations a Schedular 100% is "better" for the Veteran than a TDIU 100%, mainly because TDIU has restrictions on income and annual reporting requirements. The one time that I know of that TDIU is better than  Schedular is if SMC's are involved an granting Schedular will take away your SMC rating. Even in that case the MR21-1 tells the raters to leave you as TDIU to maximize your benefits.

[Buck52]

Geeky

Do you have the regulations that state this?

''The one time that I know of that TDIU is better than  Schedular is if SMC's are involved an granting Schedular will take away your SMC rating. ''

[GeekySquid]

16 minutes ago, Buck52 said:

Do you have the regulations that state this?

@buck52

I think this is what you are asking about. essentially it says if Schedular removes SMC(s) housebound, then leave as TDIU.

While this says specifically Housebound, I cannot believe it does not apply to any other SMC that might have this particular factor. That said I have not memorized all the other SMC's requirements concerning 100% + "some other rating".

https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000014564/M21-1,-Part-IV,-Subpart-ii,-Chapter-2,-Section-F---Compensation-Based-on-Individual-Unemployability-(IU)#4j

 

IV.ii.2.F.4.k. Determining Whether to Substitute a Single 100 Percent Schedular Evaluation for IU in Housebound Cases

VA is obligated to maximize the benefits awarded.  In determining whether to substitute a 100-percent schedular evaluation for IU, consider whether substitution would result in the Veteran no longer being entitled to SMC at the housebound rate.  VA decision makers are to assess whether the Veteran still meets the criteria for IU based on a single disability for the IU.   Further, VA is obligated to maximize a claimant’s benefits by assessing all of a Veteran’s SC disabilities to determine whether any combination of the disabilities establishes entitlement to SMC based on housebound status.  Even when IU has been previously established based on multiple disabilities or when a combined schedular 100-percent evaluation is established, decision makers must assess whether entitlement to IU based on a single disability is warranted such as to maximize benefits by allowing for a grant of entitlement to SMC based on housebound status.   References:  For more information on maximizing benefits based on IU and associated SMC entitlement, see Bradley v. Peake, 22 Vet.App. 280 (2008), and Buie v. Shinseki, 24 Vet.App. 242, 250 (2010), and maintaining the historical grant of IU on the rating codesheet when a schedular 100-percent evaluation is assigned, see M21-1, Part IV, Subpart ii, 2.F.4.m.

Edited May 16, 2019 by GeekySquid

[Buck52]

I know broncovet has mention when a veteran is awared IU   the raters are suppose to infer the SMC S H.B. because the veteran can't leave home for work.

I never got the SMC S H.B. when I was awarded the TDIU P&T Back in 2002.  now the Bradely vs Peake   (2008)must change that.

It took me a separate & distinct 70% PTSD rating to get the SMC S.

The correct reference for this is 38 CFR 3.350 (i):

(i) Total plus 60 percent, or housebound; 38 U.S.C. 1114(s). The 
special monthly compensation provided by 38 U.S.C. 1114(s) is payable 
where the veteran has a single service-connected disability rated as 100 
percent and, 
(1) Has additional service-connected disability or disabilities 
independently ratable at 60 percent, separate and distinct from the 100 
percent service-connected disability and involving different anatomical 
segments or bodily systems, or 
(2) Is permanently housebound by reason of service-connected 
disability or disabilities. This requirement is met when the veteran is 
substantially confined as a direct result of service-connected 
disabilities to his or her dwelling and the immediate premises or, if 
institutionalized, to the ward or clinical areas, and it is reasonably 
certain that the disability or disabilities and resultant confinement 
will continue throughout his or her lifetime. 
 

[GeekySquid]

4 minutes ago, Buck52 said:

raters are suppose to infer the SMC S H.B. because the veteran can't leave home for work.

@Buck52

as your own post shows there are two distinct paths to getting SMC(s) what we call Housebound.

1 is statutory, the first entry above,

2 is what can be called clinical or medical. you truly cannot physically leave the home for work purposes based on your SC conditions.

TDIU intersects this in many ways. Take this MR21-1 example that says

https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000014571/M21-1-Part-IV-Subpart-ii-Chapter-2-Section-H-Special-Monthly-Compensation-SMC?query=smc s

IV.ii.2.H.10.b.  Defining a Single Disability for Housebound Purposes

Example – IU award based on multiple disabilities:  A Veteran is in receipt of IU based on two SC disabilities:– ankylosis of the right shoulder evaluated as 50-percent disabling and residuals of a left radius fracture evaluated as 20-percent disabling.  Both disabilities are due to a motor vehicle accident (MVA) that happened during the Veteran’s active duty service.  He is awarded IU based on the disabilities caused by the MVA.  The Veteran’s separate issue of CAD is later SC and evaluated as 60-percent disabling.  The CAD, by itself, does not render the Veteran unemployable.  SMC (s) at the statutory housebound rate is not awarded.

Analysis:  The Veteran in this instance would not be entitled to SMC at the statutory housebound rate.  There is no single disability evaluated as totally disabling for the purposes of entitlement to SMC.  Although the evaluations for the MVA injuries to the shoulder and left radius are considered to be a single disability for purposes of IU entitlement, they do not represent a single disability evaluated at 100-percent disabling for purpose of awarding SMC at the statutory housebound rate.

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needless to say it can be complicated by the individual's particular claim and is the reason knowing what (if any) ratings are secondary to the qualifying TDIU rating and what are non-related issues in different body systems.