How Long After Rated 100% Service Connected File Permanent
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As a VA claims processor, Veterans often ask me almost Individual Unemployability (IU), also called Full Inability based on Private Unemployability (TDIU). The following is a more than formal version of what I tell them.
What is IU?
Private Unemployability allows VA to pay certain Veterans at the 100-percent disability rate even though their service-connected disabilities are not rated as 100-percent disabling. Veterans may be eligible for this rating increase if they are either unemployed or unable to maintain substantially gainful employment as a event of their service-connected disability (or disabilities).
What is substantially gainful employment?
Substantially gainful employment is simply total-fourth dimension employment that provides a wage greater than the poverty level. (Note: In 2014, the U.S. Demography Agency considered a poverty-level, yearly wage for a person under the historic period of 65 to be $12,316.) For instance, if a Veteran has been trained to drive a truck, simply can't work considering of service-continued back and stomach weather, he or she may authorize for IU.
Are there whatsoever other eligibility requirements?
In gild to qualify for IU, yous must take one of the following:
1) a threescore-pct or more disability evaluation based on a unmarried service-continued disability or,
ii) a 70-per centum combined disability evaluation based on multiple service-connected disabilities, with at to the lowest degree one disability rated at 40 pct or more.
In these cases, VA volition consider a Veteran'south eligibility for IU, if in that location is evidence showing he or she cannot piece of work due to service-connected disabilities In both instances, VA reviews all the prove of record and decides if a Veteran's disability is, by constabulary, severe enough to grant IU.
Let'south utilise a hypothetical state of affairs. Say a Veteran claims he can't work and doesn't understand why he isn't getting IU. He is service-continued at 30 percent for post-traumatic stress disorder (PTSD) and 10 percent for irritable bowel syndrome (IBS)
Since the Veteran has merely two service-connected disabilities, both the Veteran's PTSD and IBS have to exist evaluated at a higher combined rate and exist the reason he tin can't work to receive IU.
How is the way VA decides full inability different from other agencies?
The law requires different criteria for other government agencies that procedure disability benefit claims. The Social Security Assistants, for example, requires a claimant to exist totally disabled later on considering age, instruction, and prior work experience in order to be eligible for social security disability. VA only considers service-connected disabilities when considering entitlement to IU, and those disabilities must exist the reason the Veteran can no longer exist gainfully employed. IU is meant to compensate Veterans unable to piece of work considering of service-connected inability or disabilities that do not meet the VA Rating Schedule requirements for a total evaluation at the 100-percent rate.
If you think y'all fall into this category, I encourage you to work with a Veterans Service Arrangement, a state or county service officer, or encounter your public contact team at your nearest regional office. You tin can besides find more than information on our IU website, http://www.benefits.va.gov/compensation/claims-special-individual_unemployability.asp. I am also happy to answer your questions in the comments section.
Dominique Joseph is a claims processor at the Appeals Management Middle and the daughter of a disabled Veteran.
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How Long After Rated 100% Service Connected File Permanent,
Source: https://blogs.va.gov/VAntage/17608/individual-unemployability-understanding-basics/
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hi.. I am ?ing a ? that deals due west/ claims .. why am I being denied a merits that was knowingly evidence is there to support such? and I was awarded 30% on 3 claims within one claim that was done about two yrs. agone … answer please and if poss a p.o.c. ## .. thank yiou very much
I also just thought of this question: If I did go a piece of work-from-dwelling job or whatsoever other job, would my non-service connected alimony stop? Would I receive Whatsoever benefits from that bespeak on?
I am 50% non-service connected due to depression (Information technology is nether review for an increment.) I am ten% service connected for injuries. The only task I could possibly concur would be a piece of work-from-habitation chore and I know I wouldn't final too long. How do I utilise for consideration of TDIU equally my electric current claim is awaiting, but I can barely make ends encounter. I have non held a job for years and I tin can not bulldoze. Please advise.
I'g currently rated 60% for bronchial asthma, 40% TBI with post traumatic headaches, 10% gastro esophageal reflux disease, xl% lumbar paravertebral myositis with bulging disk L4-L5, L5-S1 lumbar DJD, x% clinical left L5 and S1 radiculopathy. Diagnosed with obstructive sleep apnea not service connected yet, HBP and Supra Ventricular Tachycardia. Working full time at the USPS but with a poor attendance record considering of my medical weather. Tin I qualify for IU?.
I'one thousand will undergo a centre procedure in Apr to endeavor to correct my tachycardia problem.
I accept a ninety% total with ane 60% rating for a spinal cord mass. And was recently denied IU in Florida due to an examiners interprtations of my neurologic impairment post surgically. And the results of an MRI without my Neurologist actually looking at it for his readings. I would like to know if it is wise to appeal for the IU and get an bodily VSO that can help me, since most days I accept pain and migraines that keep me at domicile. Unlike this last time where it apparently failed me.
I recently applied for IU in Florida. I have a total of SC rating at 90%, and one dusabiling gene at 60%. Though I met all criteria every bit stated by the VRO and the deciding offier, I was denied based on the claims of the examiner. I have had worsening symptoms since I originally submitted my IU merits in March 2014, would it be wise to only add on the other symptoms, and appeal with a more than helpful VSO and so I had pre-spinal cord biopsy?
Dominique, thank you lot, this is data I'm looking for. Afterwards reading your post about Individual Unemployability I have a question. Allow'due south say a veteran has a combined rating of 90% and has several disabilities 1 of which is fifty% PTSD and some other at 40% due to a spinal injury. If canonical for IU he volition exist paid at the 100% charge per unit. My question; is this for pay at the rate of 100% only or does this veteran too qualify for other benefits of 100% such as dependents education assistance?
Thanks
Joe Hinson
DOMINIQUE, I Have BEEN FIGHTING A CLAIM FOR OVER 7 YEARS. I AM CURRENTLY RATED 50% FOR A SHOULDER INJURY INCURRED WHILE Active DUTY. I SPENT 10 YEARS IN THE USAF. I WAS IN VIET NAM IN 1970, 1971, 1972, 1973, 1974, 1975. I HAVE FILED A Claim FOR HBP, ARTERIAL DISEASE, TYPEII DIABETES, NEUROPATHY, PTSD, Astringent Slumber APNEA ALL RELATED TO Amanuensis ORANGE EXPOSURE. Subsequently WAITING 3 YEARS FOR MY CLAIM TO BE EVALUATED IT WAS DENIED. THEIR EXPLANATION WAS THEY HAVE NO PROOF THAT I WAS Always IN VIET NAM. AFTER 2 MONTHS OF DIGGING I Constitute 48 PAGES OF ORDERS SHOWING MY SERVICE IN VIET NAM. I SENT THOSE TO MY DAV REPRESENTATIVE AND WAS TOLD THAT WE WERE FILING AN Entreatment. AFTER ANOTHER Nearly iii YEARS MY CLAIM WAS Over again UP FOR EVALUATION. Information technology Again CAME BACK DENIED DUE TO NO NEW EVIDENCE. THEY SAID THAT THE DOCTORS HAD Not PUT A FORMAL DIAGNOSIS OF ILLNESSES IN MY RECORDS AND WERE GOING THO DENY MY CLAIM Once more. I WENT TO MY Principal Dr. PLUS MY PTSD DOCTOR AKING THEM IF THEY COULD PUT MY DIAGNOSIS IN MY RECORDS. THEY SHOWED ME WHERE THEY HAD DIAGNOSED MY PREVIOUSLY AND THAT THE VA MUST Have JUST OVELOOKED IT. THEY AGAING PUT THE DIAGNOSIS IN MY RECORDS. I Accept BEEN TREATED FOR THESE ILLNESSES AND GIVEN MEDICATION FOR THEM FOR More than THAT 6 YEARS. I AM NOW HAVING TO APPEAL AGAIN AND HAS BEEN SEVERAL MONTHS WITH NO RESPONSE OR Answer. I CONTACTED MY CONGRESSMAN TO Run across IF THERE WAS Anything HE COULD Do TO AT LEAST Become THEM TO LOOK AT MY Merits. Information technology HAS BEEN OVER 2 MONTHS NOW AND NO RESPONSE FROM ANYONE. IT HAS GOTTEN TO THE POINT THAT I CAN BARELY Practise MY JOB SINCE I DRIVE 60K TO 80K PER Twelvemonth IN MY JOB AS A REGIONAL MANAGER. I HAVE 5 LOCATIONS THAT I Have Intendance OF Only CAN HARDLY Do THE JOB. I SUFFER THROUGH THE DAYS WITH LEG PAIN FROM THE DIABETES NEUROPATHY AND Past THE TIME I Become HOME I SUFFER THROUGHT THE SLEEPLESS KNIGHTS OF Pain TO TRY AND Showtime Once again THE Side by side Twenty-four hour period TO Be ABLE TO PAY MY BILLS AND SUPPORT MY FAMILY. THE Merely OTHER ALTERNATIVE I SEE LEFT IS TO HIRE AN ATTORNEY AND SEE WHAT HE CAN GET Washed. Do You HAVE A Meliorate SOLUTION?
Is there a time limit to apply for Individual Unemployability?
Dear Dominique, I am rated at 70% now with 2 service-connected disabilities. one for low back with residuals at 50% and the 2nd for left foot bunion at 20%.
The scenerio you lot gave well-nigh trained truck commuter applies to me. I lost my job because of my back issues causing me to miss piece of work and that by police force a driver with back problems cannot pass the DOT physical and then therefore cannot drive a commercial vehicle. Employer also stated insurance liability equally reason for job loss.
I was recently denied IU . But I did receive an increase for my back condition of twenty%.I was also denied for tinnitus due to no service records to make connection to service. My in-service medical records accept never been plant by VA or myself.
Should I appeal this claim for IU and/or tinnitus?
Besides should I attempt to get a statement from ex-employer about the reason for losing my job ?
Whatsoever information you can provide me will be greatly appreciated.
Thank y'all,
Michael Jarrett
I Take AN Appeal PENDING FROM Baronial 2012 DIABETES AND DIABETIC NEUROPATHY. HEARD SCUTTLEBUTT THAT THE APPEALS PROCESS IS PROJECTED TO Take 5 YEARS NOW! I WENT TO MY PERSONEL PHYSICIAN TO Go A CURRENT EVALUATION ON MY NEUROPATHY. WOULD IT BE PRUDENT TO CONTACT THE VSO Treatment MY Appeal INFO AND SUBMIT THESE LATEST FINDINGS OR WOULD It Just MUDDY THE WATERS SO TO SPEAK?
Thank you FOR You lot TIME! USMC 1967-?
Hi Dominique,
I volition be filing my paperwork for IU tomorrow but I'm having trouble finding out what happens After IU is canonical. There's a nifty deal of info on how to use and requirements only I'thousand still unclear about the details are regarding mail-approval of an IU. If you could help me navigate some of this I would greatly appreciate it.
Thank y'all!
Katie C.
hello I was wondering if I tin get a copy of my award letter showing I am 100% on due east benefits
I applied for disability when I was discharged in 1966 for stomach and a dorsum injury. I was rated twenty% for breadbasket only was denied for my back every bit there was no evidence in my medical file. ( My medical file was lost when I was transferred from Ft. Dix to Germany in January 1964 past the person in charge of records. Quite a few files were lost). In 2003 I again filed on my back showing morning reports of hospitalization in Ft. Gordon in June 1963 plus my MOS was changed in July 1963 from infantry to cook and baker. I was unable to lift, crawl, pull nor carry any weight.. The examiner ruled the hospitalization was due to my back as it would exist speculation .I was awarded 100% IU in June 2003 for my stomach merely over again denied on my dorsum disability. In 2010 I decided to write to the FT. Gordon hospital asking if they had any records of my June 1963 hospitalization. Three weeks after i received medical reports showing a back injury on May 30, 1963 during a preparation exercise. I again filed with this information and was denied over again. I took all my medical records to iii Orthopedic surgeons who reviewed the evidence and all wrote it was more probable than not my back injury happened on May 30, 1963. I have had two back operations in 1981 and 1986 and was placed out of work in January 1992 considering of my back.
Lesser Line in December 2014, after 48 years I was finally awarded 100% T&P plus Special monthly compensation because of loss of utilize of my legs due to my back injury.I am bars to a power chair, unable to walk or stand.
My question is this" Was the VA responsible (negligent) to cheque with the infirmary at FT. Gordon, Ga. for whatsoever medical records when I told them in my 2003 claim about being hospitalized at Ft. Gordon and should my back pay be from my 2003 merits instead of the last time I filed a new back claim in December 2012 after receiving the records?
Tin you piece of work part fourth dimension (making less than say $10k/year) and nonetheless become the 100% based on unemployability?
I applied for IU last July fourteen 2014 I also have appeals going on but right now I'g concerned nigh the IU. I don't understand why it takes and so long? I take not worked since July 2013. I am xc % right now for: PTSD 50 %, INTER-VERTEBRAL DISC SYNDROME 40 %, INJURY OF THE Float 40 % MIGRAINE HEADACHES 30 %, LIMITED Movement OF Ankle 20%, PARALYSIS OF SCIATIC NERVE
twenty %, SCARS 0%. i HAD AN ABDOMINAL AORTIC ANEURYSM RUPTURE which caused a lot of issues all over. Peculiarly my back. At present I take bowel incontinence and urinary incontinence everyday. i had a FAILED spinal fusion surgery in 2013. My anxiety, Pain and mental land is Not Expert!! I have NO QUALITY OF LIFE living with all these medical weather. I've been trying to go help from all sources to include the PVA. I was approved for Social Security Inability in January 2014. I am also having astringent fiscal problems that is adding more stress and panic attacks. I understand why the suicide rate is so high amidst veterans. The VA does not care about the veterans whom are pain. What can I exercise to speed upwards the process of my IU ? Can you assistance me ? cheers JuliaI
Hullo. My proper name is Clarence, I am 80 percentage combine and have file for IU do to PTSD, I file this claim in 2011 and still take not been corroborate as of notwithstanding. What does it take for those that have not been in gainsay know what a combat veteran is going through and judge that they are not entitled to what they should exist getting. I have giving everything that they take ask for, is it right for someone to tell you lot that you lot do non meet the criteria for IU? We gave our all when we were chosen upon and now when we attain out for help someone take to decide whether you authorize or not, is this right to the veterans that have given to their state? Personally I don't think so, but am I? merely another veteran that is being denied benefits.
Dominique,
Two easy questions I hope, I give thanks you for putting the data about IU out on FB and here on the VA website it seems to clear the air on some questions that veterans and there families have well-nigh it.
My question is that in 2013 I applied for IU and was denied, and with the information that you accept posted I have been able to understand why. I'm in the entreatment process every bit I type this. At the time that I practical for IU, I was 50% PTSD 40% for my back and 10% for each leg for ridicolopathy (sp) with an overall rating of ninety%. Since the appeal I'm at present 70% PTSD and the others have all stayed the same.
Question is now that I'm 70% PTSD, with a xc% overall rating, will the VA more than likely deny the claim again, or are the odds in my favor since the PTSD went up?
This is a copy of what I sent my Primary Intendance Provider at the LBVA hospital, later on existence offered a task at the Long Beach VA Hospital as a but then the pulled information technology because of my medical problems! Good Morning, I'm sending this message because i'm really upset, I was picked up past the Hr Dept at LBVA to piece of work every bit a "medical support assistant" I had a background check, fingerprinted, and medical exam, where the NP in employee heath signed that I was not medically able to do the work as a "medical support assistant" I'm going to mutter to the upper management existent soon, i'yard waiting to discover out what medical disability disqualified me when I become a think from employee health! this job meant a lot to me, it was so glad I was going to work again, and I wouldn't have to practise the voc rehab! Your my NP, do y'all think by my medical problems that I couldn't practise the piece of work of a "medical support assistant" I can't check people into clinics, file, or answer phones or whatever, I wasn't even told what job or area I was going to work in, only that I was assigned to the healthcare support dept and would be called later on telling me where/when I was going to work! I hateful they already knew I was a disabled vet, 40% rated, and 10pt preference, when they called me in! So if they are not hiring me, knowing my disabilities, and then who will??? My wife was happy, I was happy, at present they practice this, they (VA) might every bit well give me 100% unemployabilty, if they can't fifty-fifty hire me!!! The thing that pisses me off is that the NP who initially seen me was not the regular, that she doesn't unremarkably do these exams, she didn't ask me annihilation nigh my disabilities, or medical issues, she seen me for less then 10 mins, then they called back saying that I cheque a yeah on problems I had that were on the job description, and then I went back in and wrote those out, I said I wore OTC Reading glasses, that I was supposedly color blind as I missed 3 out of the exam, and that I can't kneel on my knees well because of hurting and my hip replacement, so later on I wrote them downwards hey said wait and the regular NP would talk to me, well she came over and said I was done and she didn't demand to run across me, and then I left! Then I'one thousand waiting for call back either from the NP or the dr in charge who is Dr. Webb! I'1000 sorry simply this has actually pissed me off and hit me like a rock!!! Can Yous Help ME!! Jeff
I am rated at 70% ptsd unemployable and 10% foot injury but I get paid at the 100% charge per unit. Why is information technology I become denied for Special Compensation when I have home healthcare through the VA for Aide and Attendance? I have diabeties, float implant, hysterecmy full, irritble basin syndrome/ chrones disease, lower back injury, possible breast cancer, neuropathy.
Great info! I am a 70% rated veteran (2013). 10% tinnitus, twenty% chronic back pain and 50% for left ventricle dysfunction and bradycardia. I also receive SSD for a surgery that I had on my neck (that the doctor botched and no doctors can gear up in 2003) and practical for IU in 2013. They denied it considering I am receiving SSD and said that the just fashion that I tin can receive IU is if a medico states that I cannot piece of work or am non able to maintain employment. I also suffer from anxiety and low spells and PTSD.
How can this exist? Something doesn't seem correct or makes sense. Who can I talk to that tin give me a more definite answer than my local VRO? He simply doesn't seem to exist up to appointment because my original VRO went on to bigger and ameliorate things (I gauge).
I am receiving IU at 100% rating. Is this a lifetime do good?
Hullo,
Thanks for your neat columns.
I was wondering if y'all could give me some assist. I'm a 90% SC'd veteran. I'm 70% for PTSD, 30% for Keratoconus, a corneal affliction that causes me to see poorly and not be able to drive at night or in low-low-cal conditions, and thirty% for migraine headaches. I have to limit my time doing anything visual, specially reading a computer screen or newspaper, else I will trigger headaches and sometimes migraine. I never become more than 4 hours of sleep and nightmares caused by the trauma that acquired my PTSD are frequent. I had to retire early on from a task that I loved considering of all of this plus the associated panic attacks. Should I make the effort to file for IU? I really don't have the focus and the energy to be able to put together a detailed claim without assistance. Basically, my VA Doc's Notes and my iv C&P exams already paint a very accurate movie of the troubles that I'm having.
Thank you,
John
I have received the determination letter from the VLJ in DC that grants me TDIU, I take been waiting for virtually vi years for this determination. Now I am existence told that I must wait another year or more earlier I will get my award letter of the alphabet and beginning receiving whatever of these benefits. Why does it accept so long for the honor alphabetic character and back pay, when I calculated it out in 2 hours?
My Dad is 100% disabled. He gets a monthly benefit check. If he were to move into a VA supported free assisted living facility, would he still recive his full monthly benefit?
I am rated 80% lxx PTSD 20 Diabetic,. Va add-on 70% practice I have a run a risk for IU
Dominique,
Give thanks you offset of all for writing such a good commodity on this subject field matter… I come to you considering my local VSO has no clue nor does her boss over at the regional role. I accept a combined SC of 70%. One of the SC ratings is 10% for TBI and there is several others also to get my combined SC at 70%. My girlfriend is also my caregiver through the VA Caregiver Support System as well. I am also on Social Security Disability. At Social Security they call what I have Organic Mental Disorder DIB lawmaking 2940 and Affective/Mood Disorder code 2960. Social Security Disability pays my monthly amount to my girlfriend due to the fact that I take suffered head trauma that resulted in the TBI. I have been told past my mental health doctor at the VA that my TBI rating is low and I am currently appealing. In the hateful fourth dimension since we all know how quick the VA works is there any guidance or direction you tin offer or propose since the local VSO and fifty-fifty the regional VSO seem to have no clue and I have lost all religion in their ability to serve in my best involvement. I am located just n of Sacramento and utilise Mather VA as my chief treatment facility. Once more cheers for this article information technology is very informative.
Thank you and Semper FI
Eric
Hi Scarlet,
Great question. the criteria for a 100% evaluation for PTSD is that you have "full occupational and social impairment." This ways you lot cannot exist gainfully employed. You lot can accept a function-time job so long as your income does not exceed the poverty level.
Going to schoolhouse on campus could be difficult since campus is a social environment, but y'all may be able to take classes online. If you are interested in getting a job or going back to school, I highly recommend speaking with our vocational rehabilitation specialists. They are astonishing at helping disabled Veterans discover employment that is suitable for their disabilities and provide support so that they can exist successful in their chosen goals. http://www.benefits.va.gov/vocrehab/
My brother was previously canonical to receive disability payments, since then he has been incarcerated since 2010. His payments has since stopped. He appointed me as his Power Of Attorney and would like me to get-go receiving his benefits for him in order take care of his diplomacy. He asked me to talk to a service representative on his behalf
Hi Dorothy,
Generally, benefits are reduced for Veterans who are incarcerated. Yet, your brother's communication to speak to a service rep is spot on. We, at VA would besides be happy to speak to you lot. You can phone call united states at 1800-827-1000 or stop in at your nearest regional part. Recall to bring your POA. In the meantime, yous can find more info on what is available to your brother here: http://world wide web.benefits.va.gov/persona/veteran-incarcerated.asp
Is a Veteran rated 100% disabled for PTSD and receiving total comp benefits considered unemployable as well. Do they lose rating or comp benefits if they go back to school and go a part fourth dimension chore?
Hi Ruby,
Dandy question. the criteria for a 100% evaluation for PTSD is that yous have "total occupational and social damage." This means you cannot be gainfully employed. Yous can have a part-time job then long as your income does not exceed the poverty level.
Going to schoolhouse on campus could be difficult since campus is a social environment, but yous may be able to take classes online. If you are interested in getting a job or going back to school, I highly recommend speaking with our vocational rehabilitation specialists. They are amazing at helping disabled Veterans find employment that is suitable for their disabilities and provide support so that they can be successful in their called goals. http://world wide web.benefits.va.gov/vocrehab/
My question is I have really bad anger bug from my PTSD which has caused me to loose placidity a few jobs. I don't quite sympathise none of it only could that be iu? I am not yet service connected but have been trying since 2011
Hullo Kristy,
I am sorry to hear you are having such a crude time. The first step would be to get service connected. Since you have tried in the by, I suggest working with a Veterans Service rep, such every bit a state or canton rep, or the VFW, Majestic Heart, DAV or American Legion, etc.
I also promise you are working with our medical centers or Vet Centers to receive medical treatment. They have great programs to assist Veterans with anger issues stemming from PTSD. It's non easy, and I tin't say you lot volition go over your trauma, simply every bit a friend in one case describe to me, with help you go through it.
In one case you are service continued, if a doctor states that your PTSD is causing an employment handicap, you may exist eligible for IU, provided it meets the criteria specified in the postal service above. For more on treatment, http://www.ptsd.va.gov/public/treatment/therapy-med/va-ptsd-handling-programs.asp
I am a female combat veteran. I filed a NOD in 2013 bc I was denied IU. In April of 2013 I was retired from my chore as an RVSR due to depression. I receive inability retirement from my VA job every calendar month. I am 70% sc for PTSD, 30% migraines, xx% fibromyalgia, and 10% tinnitus. My rating decision stated I was denied bc although I deceit work due to my depression, I am sc for PTSD and not depression. And that although I can't work as an RVSR, there are other jobs I could work effectually my disabilities. I worked as an RVSR, a sedentary job, I don't know what type of other employment I could work. Then with my NOD, I provided a individual drs opinion stating my depression is a symptom of my PTSD and I am unable to obtain or maintain gainful employment and that my sc disabilities cause total and social occupation. I besides was hospitalized twice and provided those records to show I am still unable to work. I have spoken to several DROs I use to work with and everyone has said its an easy overturn to grant IU. I meet all of the qualifications. And I am still waiting on a decision. I idea almost but filing a new claim since they accept to rate within 125 days, but and so I loose my effective engagement of April 23, 2013 my terminal date of employment. I also provided documentation that my husband is now my principal caretaker through the VAMC, and up to date records that my service connected disabilities keep to render me unable to obtain whatsoever gainful employment or occupation. I still haven't received a conclusion. In your opinion, would this be an easy grant for IU once a DRO reviews my case??? Its coming upward on 2 years since I filed a NOD/DRO review. I dont know what else to do except a congressional at this point.
The VA will non have my appeal because they already claim to accept all the medical documentation. I am dependent on breathing medications to function day to twenty-four hour period. It took them 8 years to acknowledge that this damage existed even with a decade of documentation and medication proof that information technology is service related, simply did not assign it a rating. I really need a reliable service officer. I was denied years of back pay for another service related injury considering they wouldn't accept an appeal, simply finally "reviewed" the original records and awarded the disability at 50%, without dorsum pay for the many years they refused to accept my appeals. I'1000 pretty sure that without someone who tin can navigate the VA appeals process that I will never receive compensation for my lung damage. I accept experienced years of promises from other service officers with no bodily assistance. I service officeholder won't even return my medical records that I entrusted to them. I am sick near this whole nightmare.
…and I'm non trying to get UI, I just desire to be rated appropriately for my inability and receive the back pay I take been denied for a decade…
I'thou a veteran of the early 70'south. I've applied for service connect and was denied. I practise depict a Five.A. alimony. I was getting this for me and my wife, in November.2010 she started getting SSI & SSD. I turn the data in, in Feb. 2011, that she was getting benefits from SS. In July 2012 the V.A. cut my check off for 8 months, and then started giving me 528.00 a calendar month. I was told my a V.A. representative that the money she was getting was not plenty so don't worry about it. Only in return i end upward owning the gov. xv,000.00, and i'one thousand only getting 584.00 a month at present. They say they are giving my married woman 200.00 or then a month merely where is it going. She does not receive it, and if they say they are giving it to me, volition i'm not getting nothing merely 300.00 are so myself. And the bad matter is we are seperated, and have been for over 4 yrs. The Texas Veteran who suppose to be representing me say their no more they tin can do. I'm on the border, cause i can't kept living on what i'1000, getting. If y'all can please help, cause i demand dental work bad and cannot afford information technology, trying to kept a identify to stay and feed myself..
Just trying to become an appointment. 4 years agone I missed a disability appointment due to a snow tempest and now years later on I still can't get another appointment to get my upshot rated. What should I do as my issue has gotten substantially worse. My disability was calculated without it.
I am in an entreatment for my service connection… ptsd due to may, and legs, which were on my discharge. I likewise have astringent depression due to ptsd. It is debilitating.
Can I apply? Do I qualify? Confused.
Thanks.
Ms. Joseph,
I would like to inquire for your assistance. I was granted a service continued percentage for the asthma I caused during my agile duty service. In November 2010, soon later my retirement and prior to receiving my first benefit payment, I was in a civilian hospital for two days for a astringent asthma assail. I took that information and those records to a compensation and pension appeal date in 2014. I was told that the issue would not be addressed considering my VA chief care provider did not set upward an date for a consult with the sleep dispensary for my sleep apnea in 2011. I was likewise told that no farther respiratory testing would be done. I changed primary care providers. In November of 2014, I had some other severe asthma attack and was treated in the emergency room at Bay Pines. I eventually was given a pulmonary function exam- with only boosted inhalers and albuterol for my nebulizer equally the result. I have yet to be seen in the sleep clinic at Bay Pines considering the provider wants me to provide records that were used to institute my percentage for my status. I am confused. Should the provider already have access to these records since they were provided at the fourth dimension of my rating? Why is it then difficult to get someone to realize my asthma is more than severe that initially rated? I suffer through flu season because I am allergic to the preservative in the influenza shot and therefore unable to accept it. I also struggle through pollen season. I accept inhalers in every place I spend more than five minutes. I never had asthma as a child. I am at a loss hither since I have already filed an appeal that went nowhere.
Whatever assistance yous can provide will be greatly appreciated.
Pam Jennings
Aloha I have 70% rating, 40% for chronic Back pain and remainder for chronic genu pain. What exercise I have to do to go IU. I need the exact steps. I spent over xx years and retired in 1999. Give thanks yous.
I been trying for years having been able to work for years due to injuries from the military was also retired because of military injuries. x% 1 knee.20% lower back.20 % left shoulder. l% PTSD rated at 70% put in another NOD been there for 192 days at present..
Greetings Ms. Dominique Joseph……I was medical discharged on August 2009 past the Regular army Honorable…with a fifty%…..I served 25 yrs PR National Guard. ..and of those 25…….21 yrs War machine Technician……..I claimed various conditions. At VA…..I was service continued….major low 30% 2009-10…..Fibromyialgia……twoscore% 2010-xi for 60%. On 2014 IBS, sinus and CFS……10% each…but for a full of 10% total % lxx%………Sleep Apnea was evaluated on 2014 with CFs..sinus and IBS…but no answer of information technology. VA affairs told me that is in entreatment….With skin conditions. ….IU……etc. …..I have social security on 2011……….Which your communication if I qualify for IU….which I have all the criterias…..Thank y'all…..SFC Ret Gonzalez. ..
I'grand 80% and have been awarded my rating for bug that interfere with working. I've completed all my paper work and exams. I requested U I but my claim continues to exist closed abs reopen. What should I do. Besides I served 12 years and was honorable discharged for these issues.
From personal experience, I believe that there are many programs to pick you lot upwardly once you have lost everything but none for those in the process of losing it all and struggling to maintain.
Think about it. Cognitive Processing Therapy for PTSD cannot be continued if you take multiple nowadays stressors, like unemployment, pending homelessness and relationship issues. This does not help a PTSD example from being approved in a P&C merits.
They volition help to pick up the pieces once you are homeless, simply yous must be homeless for more than than 2 weeks. Not on someone's burrow only in a center. They will cheque your taxes to verify that you are not making enough money so you will have to explain if yous made a skilful wage and then suddenly didn't if the overall number is over the poverty limit.
I could proceed…
Hi,
I put in for IU in 3-fourteen and was denied.Put in a NOD on 2-15,Was wondering since I oasis't worked since 1997 why it would be denied.I am rated 60% IHD and fifty% PTSD + x% tinnitus.They
simply denied my increase for IHD which is getting worse.
I am over 65 and so that may be their reason for no IU.
This just makes my depression worse having to play the game.
Thanks for the article.
Been trying to go UI since 2010-. I'1000 lxx% combined disabled. I've had examiners threaten to and actually falsify my records I've likewise had examiners ask me who Herbert Hoover is as my whole examination and I'm really disappointed in the level of professionalism my claim has received over these years. I accept filed complaints with the Inspector General and have never heard back regarding these examinations. Everyone of my claims has been filed through the American Legion and the Department of Veterans Affairs including the highest ranking employee of the Veterans Diplomacy in the Country helping me with my claims and however to no avail I continue to get denied. I'k now in the appeal process as of last fall and feel that I am just even so spinning my wheels and getting nowhere. I would really similar your advice on somebody that tin can really look at my claim and look at the facts that are in there and make a objectional conclusion rather than an opinionated decision, just considering the Examiner has a chip on her shoulder against me.
I am a Nam vet.If I apply for [IU] do I still need a letter of the alphabet from my doctor,
I received IU full and permanent and have a 80% rating but received a 100% pay rating. My question is that I was told that the VA would be sending me a letter asking my work condition every May of each year? Is that truthful and if and so why? They also told I must continue my address current with considering if I didn't and they did not received this info it could touch my condition. Could you delight explain what this letter is all about?
no answer – sent on March 9, 2015?
Hello, I am a veteran that is receiving bounty of lx% for a back fusion (40%), left shoulder separation (10%) and arthritis in my right ankle (ten%). I am too waiting for my original medical records, from Houston, because I am looking to file two new claims for my my knees and for mental bug. I had been employed continuously since I left service in 1996 and became unemployed in June of 2014 because of downsizing. I am currently speaking with an attorney regarding suing for wrongful termination and possible discrimination. I accept not been able to gain any employment for various reasons just the most popular one is that employers are non willing to work with me regarding the number of appointments I have. Is IU an option for me and who at my local clinic would I discuss this with? Any guidance would be profoundly appreciated.
All-time regards
what if a Vetrean like me has developed a career in Law Enforcement but considering of worsing service connected depression, IBS, and feet is having a hard time holding on to the job I take. I am really suffering thru work even though work. I am scheduled for 32 hours a week but usually only brand 20 or so I am at 90% service connection. I actually don't want to be unemployed broke and loose everything I own before qualifying for TDIU.
Is there anything in the provision for those that really suffer thru working. Who are working just are actually showing by in that location proformance they should non exist in that location?
i am a 90% disabled Veteran, and have an entreatment for 100% inability. I have numerous injuries related to one injury and the VA has determined through their own doctors that the inability is getting worse as I become older. Due to the stress and trama of this situation the VA has likewise determined me to accept anxiety. I am in constant hurting and have exhausted all my options with the VA such every bit PT, etc… I am currently taking feet medication that I wasn't taking earlier, and my home life is suffering equally well. I am at my wits end I need someone to assist me. Thanks.
Adept morn Dominique
My entreatment for dermatitis and my reconsideration for IU is being looked at now. My question is, why does it take so long for a DRO to view a Veteran's record when information technology's been in their possession for near one twelvemonth? How long does a Fully-Adult Reconsideration takes? Is it merely equally long as an appeal? Lastly, what the email address to IRIS?
Cheers
Eunorous T Dixon
What if your Social Security disability was granted for Service continued and non Service connected and your Service connected has at present worsened more than the original SSDI award, every bit so astringent to cause secondary Service connected health issues?
Thanks, Veteran
Avery, I am not familiar with how the Social Security Administration processes or considers their disability claims. However, if you experience your VA service-connected disability has worsened, y'all may desire to file a claim for an increased rating or asking service-connexion for a new disability, secondary to your current VA service-continued inability.
I take a question Dominique. I received an award letter for 100% p&t but on the decision letter it states 80% and got a letter with commisionary bnefits and also affiliate 35 benefits for family I get paid at 100% but nevertheless dislocated about the rating
Carl, it'southward possible the conclusion alphabetic character may comprise a clerical error. And so as to not talk over personal information here, I take asked a VA representative to reach out to you directly to go more information.
Thanks, Ms. Joseph, for the caption on TDIU!!
It concerns me that y'all only posted the info (which I believe to be a typical tactic used past the VA to give misinformation) on TDIU, covered by 38 CFR 4.16(a.) merely not the info covered in 38 CFR 4.16(b.), which states: "It is the established policy of the Section of Veterans Affairs that all veterans who are unable to secure and follow a essentially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, merely who fail to run across the percentage standards ready forth in paragraph (a) of this section. The rating board will include a full argument every bit to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue".
The Department Veterans Diplomacy (DVA), all the same, continually, sends claimants information on 38 CFR 4.16(a.), in what, "I perceive," to exist an try to mislead claimants. Past not notifying claimants of 38 CFR 4.16(b.), claimants are misinformed and ofttimes abandon their merits for TDIU. Near VSO's I've met often don't know what 38 CFR is, let lone 38 CFR 4.sixteen(b.).
Roger, I am happy to assist. I wrote this blog postal service to mainly cover the very basics of IU but I would be happy to do a follow-up post to discuss 38 CFR 4.16(b), specifically extraschedular evaluations, in the time to come.
Hi,
Ii questions. Is out possible to be rated 100% Permanent and Total AND Individually Unemployable?
And if and so, can y'all remove the IU, keep the 100%, and become back to work?
Respectfully,
Chris
Chris, not bad question – You cannot be rated at 100-percent Permanent and Total AND receive IU. If yous are Permanent and Total, you lot are able to piece of work EXCEPT if rated at 100-percent solely for PTSD (as outlined in the Rating Schedule for Mental Disorders nether Diagnostic Code 9411 – Posttraumatic stress disorder).
I am service-continued 60% for IHD and now am unemployable in the trucking industry. My claim was granted Jan of 2015. I put in a claim for IU in February tenth of 2015 and I'am wondering near what is generally the time frame before hearing dorsum from the VA. Cheers
Kenneth, I cannot requite you a time frame for when your merits will be processed but please know that we are working hard to provide decisions every bit quickly and accurately equally we can.
I accept been appealing a claim for PTSD and MST since March of 2002. I have been waiting xiii years and still have non had my claim settled. In September 2014 I had a video conference with the VVA and it took me 7 years to even get that hearing. I take diabetic neuropathy and practical for unemployability.
Yes Appeal. I had to Appeal even though the Bounty Doc agreed 100% with my contentions. The Judge awarded my Compensation and in his report scrutinized the regional role for ignoring their ain Gathered evidence. In fact the Judge backdated my merits further then what I had originally appealed. Soi fight the fight it'due south not just for you but also for the Veterans subsequently you. So many just give up and that but sets the tone for this type of treatment.
Bruce, I am sorry to hear. And then every bit to not discuss personal data here, I have asked a VA representative to reach out to you directly to get more information.
Aye I'm retired Army ,was a paratrooper with over 100 jumps,and injure my back,was told I could no longer jump.Retired in 2000 and my back has got me were I no longer work.i,g at 80 precent now,and I put in for TUIU ,this by December. and I was denied,and my own doctor took me out of work.Here is what I,thousand saying,the VA sent me to become checked out with a doc,and they didn't even look at what she said,that'south what upwards set me about,and they said I have non been seen past a physician ,in which they sent me to one.They did non look at what my own medico said,and I did file with social security ,was denied too,and VA said that social security turn me down,but I,chiliad thinking what do social security got to do with my IU,I just don't sympathise what VA was thinking.By law I was thinking they take to await at all my records I have sent to them.delight help me to empathize this,and I think I will appeal,and get a military machine lawyer to aid me with this.Thanks for caring.
Randall, I am deplorable to hear. Then as to non discuss personal data here, I have asked a VA representative to reach out to you straight to become more information.
My husband needs bounty because of his injury in Vietnam, can you assistance? Thanks
My hubby was injured in Vietnam, jumped out of a helicopter and broke his foot and a loss of hearing, he applied for benefits, but was denied, he can't walk much and a swollen foot don't permit him to practice much, he needs assistance and some bounty, Cheers then much
Melvin, I'm lamentable to hear. If y'all'd like compensation, here'due south a good, quick tutorial on how to utilize: https://world wide web.youtube.com/lookout man?v=avDrUfN8lu4
We DO recommend you become assistance with filing from a Veterans Service Organization (DAV, VFW, American Legion, and many more). You can request one by walking into your local VAMC, or by finding ane in your area at http://www.va.gov/vso
Y'all mention the max income that tin can exist earned past someone 65 or younger. Is there a different corporeality or maybe no limitation for a Vet over 65? Thank you.
Jack, a poverty-level, yearly wage for an individual over the historic period of 65, co-ordinate to the U.South. Census Bureau, is $11,354.
I am a twoscore% service-connected disabled and unemployed Veteran. I endure astringent hearing loss and human foot neuropathy, which prevents me from driving long distances for job interviews or work commutes. In April of 2015, I volition be 77 years of age, and while I know that age discrimination is illegal, I also know that it exists. Between my social security and VA benefits, my wife and I are barely able to make ends meet. With IU, we would no longer accept to worry about our 24-hour interval-to-24-hour interval existance. Could you tell me if I might possibly qualify for IU? At this time, I take no prospects exist becoming employed. Thanks for your fourth dimension and your caring.
Respectfully yours,
Matthew Davison
Matthew, in order to authorize for IU, y'all must have one of the following:
1) a 60-percent or more disability evaluation based on a single service-connected disability or,
2) a lxx-percent combined disability evaluation based on multiple service-continued disabilities, with at least one disability rated at 40 percent or more.
Since, based on the information you provided, it does non appear that yous meet the eligibility requirements for IU based on your service-connected disability percentage of 40-percent. You ave a couple of options: y'all could file for an increment in your disabilities to encounter the eligibility requirements (Note: if you lot practice, exist sure to request expedited processing since you are over the age of 75) or, if yous experience that your disabilities as they are rated at present are severe and would nevertheless like consideration for IU, y'all tin can asking that the rating board at your local regional office submit an extrashedular consideration request to the Director of Compensation Service. You can find out more about extraschedular evlauations in 38 CFR four.16. Click here to read more: http://world wide web.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=39c7e367a71c8efc570650851b266303&rgn=div5&view=text&node=38:i.0.1.1.5&idno=38
Howdy Dominque,
My married man is totally unemployed due to his s/c injury. He was forced to retire from his Civil Service job. He receives his SSA which is very little. He applied for IU, but his RVSR isn't offering no assistance to him. If anything, he's trying to go along him from getting it. Why? His RVSR is Mr. Scott Ploof
at the New Orleans RO.
Aaron, without getting into PII, the all-time advice we tin can give is to re-read your determination alphabetic character. Information technology states exactly why VA couldn't grant and exactly what VA needs to grant. Lastly, if y'all believe someone is actively falsely keeping your married man from receiving care and benefits, please address the situation with VA OIG: http://www.va.gov/oig/contact/default.asp
Jason…why are there Laws and Regulations? Will you lot please explain that to me. 38 USC 310, 331, 1110.
The C&P Examiner states his opinion, then the RO will have the Nurse Practitioner to contradict him. I don't empathise. So why are in that location laws and regulations if the RO don't bide past them? I'm I request much other than what I'1000 entitled to? I know that we're just a number and quota, but I pray that someone in the RO office will have pity to do what is right.
I take a question…..I've been on ssd for 9 yrs…ptsd/ mst..ovarian cancer..ibs..cholesrtol..stress fractures…mental dissabilities…how practise IT go the VA…to recoup for original claim filed in 04? I take a Disabled American Veterans from Winston Salem working my claim..n he has asked Twice..for my instance to be expidited…I have very high bp..just dx as Copd…
Id appreciate any north all info you have.
Thanx… Regina Smoker
just hope you don't entreatment through a dro, exist some other 9 yrs……I am ninety%, with a caregiver the VA appointed, and got denied 100% or IU and seventy% in just 1 affair ,,,,, merely going to the VA board if Winston would file my form 9,,,,,,, sorry what I hateful is you tin can't count on the VA, only hope all goes good with your example