Individual unemployment benefits

[tuanntrang]

Hey guys,

Sorry if i posted in the wrong place, I was wondering, currently i'm 50% disable service connected and work has been hard for me so i have to resign from my job not too long ago, and i file for individual claim on end of may, my question is how likely it is to get approval if all i have is a va form employer information request and my leg is been worst since last time i went to do a c&p exam.

[kanewnut]

3 hours ago, tuanntrang said:

how likely it is to get approval

About as likely as a snow balls chance in Hades. Seriously, they will tell you that you can do sedentary work. You should look into VR&E for possible retraining. Does you doctor say you can't work at anything? Just because you meet the requirement of 38 CFR 4.16 doesn't mean you will automatically get it.

[tuanntrang]

They didn't tell me anything about working except turning in my request employer information form, just a regular exam they measure my flexion of my knee and ankle /xray and it was worse then before.

Edited June 19, 2019 by tuanntrang

[tuanntrang]

Updated on 7/15/2019: Well been checking my case since my c&p exam, still on "Gathering Evidence", Is it suppose to be a longer process for individual unemployment case then a regular increase case? on Ebenefits it say estimate to be on August, But on Va.gov it say November, any idea?

[Richard1954]

Being rated at 50% and leaving your job isn't likely to amount to a TDIU. You have to show that you cannot do any work at all, and you must have a single 60% rating or a combine 70% rating with one issue being rated at 40%.  If you can show that your service connected conditions prevent you from gainful employment, then you might win a TDIU claim ,  but that would also require an increase in your service connected disability rating(s). Best of Luck 

[51b20]

Good luck, I just got denied for IU and I am at 90%

[GeekySquid]

On 6/19/2019 at 12:39 PM, tuanntrang said:

i'm 50% disable service

TD/IU is one of the more complex claims.

I suggest you read this link and the associated links

https://www.veteranslawblog.org/tdiu/?ck_subscriber_id=321064297

Your rating alone is not the sole or even primary reason TD/IU can be awarded. That said your conditions that are SC'd do play into it as well as what lay statements, employment history and other proof you have supporting the inability to maintain a job based on your SC'd conditions.

There are schedular and extra-schedular paths to TD/IU. You may have to fight the VA to make them use the Extra-Schedular path if they deny Schedular.

Just not having a job or quitting jobs is not enough. You have to prove, actively prove, that you cannot sustain a nominal income generating employment.

Chris Attig has a book on how to file your TDIU claim and win. You might consider getting it.