Deferred, Inferred IU

[readmefilesemail]

Hi All,

I applied for and was granted 70% for Anxiety and Depression. Went to C and P exam. Decision within 3 days.

I also have 50% rating for Migraines.

I did not apply for Unemployability however It got mentioned in my decision letter. I attached a pic of the last page and trying to make sense of what it means. What needs to be done? Or do I wait?

Thanks

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" 2. Entitlement to individual unemployability.

The issue of whether or not you are entitled to Individual Unemployability is deferred for the following: VA Form 21-8940

The schedular requirements for Individual Unemployability are met per this rating decision, and the evidence of record shows that you are currently unemployed. Therefore, we are inferring the issue of Individual Unemployability (IU).(38 CFR 4.16)"

IMG_20191221_0001.pdf

Edited December 21, 2019 by readmefilesemail

[GBArmy]

Morning Readmefilesmail What it is saying is because of your combined rating, you are a candidate for TDIU if you can't work or can't hold a meaningful job in terms of income received. By law, the VA is supposed to inform you of the possibility of the benefit.You have to fill out the form and it goes back on all your employment history for the last several years (5???).  They will contact your former employers and ask about your work history, how long you worked there, reason for leaving, interaction with co-workers, etc. So if you were fired for arguing with the boss, that is what they are looking for to confirm you can't work well in a normal work situation. My understanding is it is difficult to do and you may need help with completing it; others can jump in on this. If you can't hold a job, you need to do this; don't put it off.

[Dustoff1970]

GB Army is very correct in what he says, however, I do have a few additional input advice as I have been 100% TDIU P&T since 1998 and before that partial 50% for about 5 years.  I also filed my own claims and appeals including TDIU.

If your previous employer will not fill out the VA form sent to them ( this is very common) about your employment history and reason for leaving then by standard VARO procedure and M21-1 manual rules the VA will make maybe a second attempt to contact the employer and if no joy then VA will proceed to adjudicate your IU claim without any prejudice against you and will use all other evidence available including your own submitted evidence and statements to go forward.  Sometimes VA will give you the form for you in turn to give the employer.

There are many reasons for why an employer will not fill out and return the form such as laziness, etc.

You must convince VA that you are unemployed and unemployability based solely upon your service connected medical conditions.  If you are currently working and earning a living wage then this will be difficult for you unless you can convince VA you are working in a sheltered family business, etc..

Based upon info you shared above I would go ahead and file for IU as you meet the first step requirement for IU such as your 70 and 50% SC ratings.  Find an experienced motivated (?????) VSO located at a VA regional office or do it yourself while assembling all your medical and other evidence to support your claim.

Nexus letters from treating or reviewing doctors including independent IMO opinions are best and buddy statements from fellow co workers, family, friends can be very helpful to your claim as the BVA puts great stock in buddy statements if the other circumstances also support what they are saying.

My above info is not legal advice as I am not an attorney, paralegal or VSO but a 30 year do it yourself vet

[Buck52]

Dustoff 11

I think they did Deferred the IU  After they rated to 70% for Anxiety /Depression his combined rating is 85% rounded out at the 90% rate.

but they may have low balled him, I can't see all his symptoms on page 3 of 3 pdf # THAT HE PUT UP,  BUT THE ONES LISTED LOOK PRETTY SERVERE TO ME...He may have had the symptoms of PTSD  but not sure he was diagnosed?

what were the others symptoms?

 They deferred the IU  because he was unemployed at the time  and used the CFR 38  4.16 Extra scheduler...when they should have rated him 100% scheduler  this is a low balled rating  in My opinion.

They do this all the time to Veterans  grrrrr  now it will be harder for him to reach the 100% scheduler   even with a IU Rating.(although IU and 100% pay the same) he will still be considered at a combined rating at 90%

   Now that he is 90% combined rating and was deferred the IU  he will need an additional 50% rating or combined ratings to reach the 100% scheduler.