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Individual unemployment

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tuanntrang

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Hey Guys,

Sorry if i posted in the wrong section, i'm have file individual unemployment since may 23th of this year, already have my c&p exam, turn in my recent employment form by the deadline(6/28), now it still on the  " Gathering of Evidence", I heard many story of veterans getting denied first time and i even heard after 2 weeks of claim they get denied also. It give me anxiety even thinking about it, i don't have ptsd or any surgeries to my disability. I have 50% disability due to service connected.

I have flexion of bilateral knee, bilateral ankle, back condition and hip. For my c&p exam my flexion of my knee and ankle is worst then before. Currently it hard for me to even get off my bed to go do my regular routine, haven't fall yet but i do have soreness on my knee when i stand, walk, or even sit. The only evidence i have is the employment information and the c&p exam.

Would i likely to get approve by this?

How long would the case usually take from start to finish?( I start at may 23th 2019, and the ebenefits estimate somewhere from august to november of this years.)

 

Edited by tuanntrang
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I am sorry but I do not believe you can get IU with only a 50% disability.  As far as how long it takes no one can answer that.  Some vets get it right up front.  I had to fight for ten years with two trips to the BVA.

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43 minutes ago, vetquest said:

I am sorry but I do not believe you can get IU with only a 50% disability.  As far as how long it takes no one can answer that.  Some vets get it right up front.  I had to fight for ten years with two trips to the BVA.

Thanks for replying, I notice the requirement when i did the individual unemployment and they did say at least 60% or more, so that why i did add a back condition that i didn't get a chance of adding in the past.

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It depends a lot on how bad your s/c disability is? it can be rated at 40% and you can still be qualified for IU...Again it depends on how bad you are?

if a Dr says you can't do any type of work or sedentary work  because of your 50% sc disability ''that should'' qualify you....!/?

You need to go for an increase of your disability you have now  or it should been rated more than what they gave you on the 50%? MAYBE YOU WERE LOW BALLED AND DON'T REALIZE IT?

  I recommend you request to get in Voc-Rehab and see if they can find you any  type job you can do and maybe help you further your education  if needed? for a degree in something you like to do. 

IF VA Voc Rehab can't find you anything (jobs)  because or due to your service connected disability  then the counselors will/should write you a letter : this veteran is un-trainable at this time due to his S.C. Disability.

Do this or go for an increase or  CHECK for other secondary disability's you may have??.. you will need to see a VA  Dr or Private for this.  )jmo)

 

Page 6.Director (00/21)If the facts of the case require VA to examine the Veteran, do not ask the examiner to opineas to whether or not the Veteran is unemployable due to his or her service-connecteddisabilities. SeeM21-1MR, III.iv.3.A.9.f.The responsibility for this decision rests solelywith the rating activity (see 38 CFR § 4.16(a)). VA should request that the examiner comment instead on the functional impairment caused solely by the service-connecteddisabilities.

TDIU Schedular Requirements

38 C.F.R. 4.16(a) provides the schedular requirements for TDIU as follows: “if there isonly 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 percentor more, and sufficient additional disability to bring the combined rating to 70 percent or more.” However, in some cases, a Veteran will have one disability ratable at 60 percentwith an additional disability rated at 0 or 10 percent, and the combined rating will stillequal 60 percent. In these cases, consider the schedular requirements to be met. Thereference in 4.16(a) to two or more disabilities should be interpreted as applying to caseswhere no single disability is sufficient to meet the 60 percent c

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4 hours ago, Buck52 said:

It depends a lot on how bad your s/c disability is? it can be rated at 40% and you can still be qualified for IU...Again it depends on how bad you are?

if a Dr says you can't do any type of work or sedentary work  because of your 50% sc disability ''that should'' qualify you....!/?

You need to go for an increase of your disability you have now  or it should been rated more than what they gave you on the 50%? MAYBE YOU WERE LOW BALLED AND DON'T REALIZE IT?

  I recommend you request to get in Voc-Rehab and see if they can find you any  type job you can do and maybe help you further your education  if needed? for a degree in something you like to do. 

IF VA Voc Rehab can't find you anything (jobs)  because or due to your service connected disability  then the counselors will/should write you a letter : this veteran is un-trainable at this time due to his S.C. Disability.

Do this or go for an increase or  CHECK for other secondary disability's you may have??.. you will need to see a VA  Dr or Private for this.  )jmo)

 

Page 6.Director (00/21)If the facts of the case require VA to examine the Veteran, do not ask the examiner to opineas to whether or not the Veteran is unemployable due to his or her service-connecteddisabilities. SeeM21-1MR, III.iv.3.A.9.f.The responsibility for this decision rests solelywith the rating activity (see 38 CFR § 4.16(a)). VA should request that the examiner comment instead on the functional impairment caused solely by the service-connecteddisabilities.

TDIU Schedular Requirements

38 C.F.R. 4.16(a) provides the schedular requirements for TDIU as follows: “if there isonly 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 percentor more, and sufficient additional disability to bring the combined rating to 70 percent or more.” However, in some cases, a Veteran will have one disability ratable at 60 percentwith an additional disability rated at 0 or 10 percent, and the combined rating will stillequal 60 percent. In these cases, consider the schedular requirements to be met. Thereference in 4.16(a) to two or more disabilities should be interpreted as applying to caseswhere no single disability is sufficient to meet the 60 percent c

Currently they did an example on my knee and ankle and it was worst then a few years back, i think i can barely bent my knee when they do the ruler test( i don't know what it call), last time i was able to bend it a little maybe like 40 degree or something now it less then 10.

 

And i heard someone say they get denied in 2 weeks after c&p exam? i guess i wait til i see the status change to prepare to notification then i check the ebenfits for rating update, last time it update before i even get a letter after my status say prepare for notification.

Edited by tuanntrang
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In my Opinion,  You it is doubtful you would get TDIU just based on your conditions alone  presently having a combined rating of 50%. Even if you do get an increase in your ratings its going to be hard. I won't say getting unemployable for your knee is impossible, because with the VA you never know what they will do. As to your back condition, its very possible to get TDIU for that but again its going to depend on the rating. What you need to show is that you cannot work because of your disabilities, they only way to do that is to actually lose a job or two because of your disabilities, or have a doctors statement stating that  you should not be working and he will have to justify such a statement.  This is just my opinion based on the fact that I have ratings for both knees and my back.... and I did initially qualify for IU but I had been medically retired from Federal Service  because of my back, and I also had a 60% rating for my back.  The newer ratings for the back make it very hard if not impossible to get a 60% rating because it requires specific periods of bed rest now, and most doctors will not prescribe bed rest, even after surgery thay have you on you feet the next day.. I wish you the best of luck.

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