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Unemployability


Colleen
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Question

I received soc dated March 25th granted unemployability but effective date Nov 2019 but I was at 70% in June 2015 and received an increased to 70 percent for PTSD in Feb 2020 and sleep apnea didn't increase it stayed at 50 percent so it put me at 90 percent. Why didn't they retroact my pay from June 2015 when I was eligible for ui since I was 70 percent.

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Short Answer:  Because its what the VA does.  

More details:   You probably should appeal the decision disputing the effective date.  Your effective date will be the later of the facts found or date you applied.  (With some exceptions) When did you apply for TDIU?    When did your doctor say you were "unable to maintain SGE due to SC conditions?  

I got tdiu, and had to appeal the effective date, eventually winning it.  It sounds like you can too, but I havent read your file.  

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What you were rated in 2015 doesn't matter all that much. You can be 90%, still working, and not qualify for IU. It depends on more than just your rating then as to whether or not you met the criteria for IU. I had been rated 70 then 80% over a 5 year period and was still working. So, it really depends on 1. what is in your file, and 2. what the decision letter said about why they picked that qualifying date. 

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2 hours ago, Colleen said:

I received soc dated March 25th granted unemployability but effective date Nov 2019 but I was at 70% in June 2015 and received an increased to 70 percent for PTSD in Feb 2020 and sleep apnea didn't increase it stayed at 50 percent so it put me at 90 percent. Why didn't they retroact my pay from June 2015 when I was eligible for ui since I was 70 percent. 

when did you apply for the IU?  WHEN YOU GOT THE 70%? 2015?

 

what did they say their reasons and bases of the decision for IU? or what We Decided? 

you recieved IU  effective date was Nov 2019

If you were 70%in 2015 from an increase  and you can't work due to your sc disability  and they knew you couldn't work   yes  they should have sent you  the iu application back then..you have to apply for IU  if they don't know you can't work.

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My opinion only,

But, technically you could have met the statutory requirements percentage wise for IU, but you are not IU until they determine you are IU.  What I am saying is you could be 100% and be employable, and then without changing anything percentage wise, you could have become unemployable.  

Just the opposite, you could be 10% disabled and unemployable, but, you would not meet the statutory percentage for IU.  Yes, I know, technically you could be IU at 10%, but that would be the exception, not the rule.

So, you need to find out when the doctor(s) say you were unemployable. That is when it should have started.

FWIW,

Hamslice

 

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23 hours ago, Colleen said:

I received soc dated March 25th granted unemployability but effective date Nov 2019 but I was at 70% in June 2015 and received an increased to 70 percent for PTSD in Feb 2020 and sleep apnea didn't increase it stayed at 50 percent so it put me at 90 percent. Why didn't they retroact my pay from June 2015 when I was eligible for ui since I was 70 percent.

Collen, sorry this is not enough information.  Were you working in 2015?  Did you inform VA that you were not working?  Did you file for TDIU in 2015?  What did your June 2015 rating decision say about TDIU?  As you can see, there are a lot of questions and different variables that could have happened but we would need more information from you to give a better response.  Typically, when a veteran reaches 70%, VA should have considered TDIU at that time.  

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