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Individual Unemployability


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18 replies to this topic

#1 airdale

 
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Posted 06 October 2011 - 11:22 AM

I had a 10 percent VA disability, then the VA awarded me a 60 percent disability, which interprets to a total 60 percent disability. I had another claim, which has not yet received a determination. Along with that I have a dependent's claim which has not yet been awarded because the VA lost the paperwork and I had to refile for dependents in August. The VA has urged me to file a IU claim, and later, they advised that I file a Social Security disability claim. I am 60, have not worked a full time job since 2001, but I have worked some temporary or limited time jobs -- I just can't stay on a job for eight hours a day and definitely not a 40 hour work week. I filed the IU last year and it just seems to be floating around with no decision as is the case with my other claim. I had contacted the VA about the dependent claim and they had no knowledge of it, but I was told to fax the copy I had sent previously and they would get it done very quickly, using the original date that I filed it, but they have not done so. Any advice would be welcome.

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#2 Chuck75

 
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Posted 06 October 2011 - 12:12 PM

The VA was correct in suggesting that you file an SSDI claim. If nothing else, an SSDI award is evidence of IU.
As to the rest, the VA's idea of prompt anything is different than the rest of the worlds. Getting the VA to "do things right" can be a major problem.
The lack of direct access to those that are supposedly dealing with a claim is just one of the many problems.
I don't know enough details concerning the dependent claim to comment.

#3 airdale

 
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Posted 08 October 2011 - 11:52 AM

The difficulty that I am having with the IU claim is that while doctors agree that I cannot work a full-time job, they ask if I think I could work at all. My answer was maybe a part-time job where my hours are very flexible. I don't know if my thinking that I might be able to work 15-20 hours per week would disqualify me although I actually am not working at all. The problem is that I could not possibly support my family with a part-time job. If anyone on this post can explain how the VA looks at this type situation, I would be very grateful.

#4 airdale

 
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Posted 08 October 2011 - 11:57 AM

Another thing about my IU claim is that my counselor at the VA rehab office has been urging me to file the IU. I had gone there to get help with finding employment, but they insist that I should file for the IU.

The VA was correct in suggesting that you file an SSDI claim. If nothing else, an SSDI award is evidence of IU.
As to the rest, the VA's idea of prompt anything is different than the rest of the worlds. Getting the VA to "do things right" can be a major problem.
The lack of direct access to those that are supposedly dealing with a claim is just one of the many problems.
I don't know enough details concerning the dependent claim to comment.


The difficulty that I am having with the IU claim is that while doctors agree that I cannot work a full-time job, they ask if I think I could work at all. My answer was maybe a part-time job where my hours are very flexible. I don't know if my thinking that I might be able to work 15-20 hours per week would disqualify me although I actually am not working at all. The problem is that I could not possibly support my family with a part-time job. If anyone on this post can explain how the VA looks at this type situation, I would be very grateful.

#5 john999

 
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Posted 08 October 2011 - 12:09 PM

File for TDIU!

#6 airdale

 
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Posted 08 October 2011 - 06:52 PM

File for TDIU!


I did file the IU form. What is TDIU? Is there a difference? I filed what they had told me to file.

#7 airdale

 
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Posted 08 October 2011 - 07:04 PM

I did file the IU form. What is TDIU? Is there a difference? I filed what they had told me to file.

I filed Form 21-8940.

#8 john999

 
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Posted 08 October 2011 - 07:21 PM

You did right.

#9 Berta

 
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Posted 09 October 2011 - 08:11 AM

"Another thing about my IU claim is that my counselor at the VA rehab office has been urging me to file the IU"

If the counselor documented that your SCs would make VocRehab unfeasible this also is good evidence to send for the TDIU claim.

You can apply initially for SSDI on line at the SSA web site.

TDIU Total Disability due to Individual Unemployability is paid at the 100% rate of comp.
Current rates
2,673 per mo veteran
2823 vet with spouse
2932 vet-spouse and one child

I heard we might get a possible 3.5 COLA next year too.

#10 VerTRUoz

 
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Posted 03 November 2011 - 07:49 PM

I am sorry to hear that battle. All I can offer is that you continue to be persistent with the VA call them constantly and or go to your local Purple Heart center. Even though I do not have a Purple Heart, my fellow reps have been very helpful in regards to contacting the VA or sending them letter. Best of Luck.

#11 Loose Cannon

 
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Posted 10 November 2011 - 08:07 PM

The difficulty that I am having with the IU claim is that while doctors agree that I cannot work a full-time job, they ask if I think I could work at all. My answer was maybe a part-time job where my hours are very flexible. I don't know if my thinking that I might be able to work 15-20 hours per week would disqualify me although I actually am not working at all. The problem is that I could not possibly support my family with a part-time job. If anyone on this post can explain how the VA looks at this type situation, I would be very grateful.


I have a claim in for IU and hope to hear something soon. Not sure if I could give you a definitive answer as to how the VA looks at it but as far as SSDI goes...they look at it COMPLETELY different. In their eyes, you are either 100% disabled or your not. Your ability to work part time or at all in ANY capacity would be a big disqualifier for receiving SSDI. Check out the rules on the Social Security website for disability and you'll see what conditions must be met. I have been down this road and it is a tougher battle than I imagined. Just yesterday I got a solid doctor's evaluation (C&P exam) that states in her diagnosis because of my current condition relating to PTSD, I am considered to be totally disabled...I immediately notified SSA of this new evidence and sent them a copy!!

The point I'm trying to make is that in their 2 rejection notices the common theme was that although I wasn't capable of doing the same type of work as I had been doing when I was last employed I was still capable of doing ANY work...That's been their opinion up 'till now- no matter how much evidence I produced. I hope this new info shows them different but I'll find out soon enough.

Keep fighting and don't get discouraged. You'll have good days but there will be very frustrating days ahead in dealing with either the VA or SSA. Good Luck to you.
LC

#12 iceturkee

 
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Posted 11 November 2011 - 09:31 AM

I had a 10 percent VA disability, then the VA awarded me a 60 percent disability, which interprets to a total 60 percent disability. I had another claim, which has not yet received a determination. Along with that I have a dependent's claim which has not yet been awarded because the VA lost the paperwork and I had to refile for dependents in August. The VA has urged me to file a IU claim, and later, they advised that I file a Social Security disability claim. I am 60, have not worked a full time job since 2001, but I have worked some temporary or limited time jobs -- I just can't stay on a job for eight hours a day and definitely not a 40 hour work week. I filed the IU last year and it just seems to be floating around with no decision as is the case with my other claim. I had contacted the VA about the dependent claim and they had no knowledge of it, but I was told to fax the copy I had sent previously and they would get it done very quickly, using the original date that I filed it, but they have not done so. Any advice would be welcome.



have you even had any c&p exams for the IU clain?

#13 Loose Cannon

 
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Posted 11 November 2011 - 05:36 PM

have you even had any c&p exams for the IU clain?


Yes....I filed a claim in early Feb for the following: An increased rating for PTSD (currently rated at 30%), a rating for TBI (no current rating yet), and a claim for TDIU based on the severity of my PTSD symptoms. In Sept I was scheduled for FOUR separate C&P exams. An exam for my PTSD/TBI with a psychologist, a hearing exam (currently rated at 10% for tinnitus), and a VERY THOROUGH physical exam complete with x-rays (currently rated at 20% for injury to both feet), and a GI Series exam. All my issues are service connected with an overall rating of 60%.

Although the physical exam DID NOT specifically state that it was for my TDIU claim, I believe it was performed to assess my overall condition as it covered EVERYTHING under the sun and took a very long time for the doctor to complete. Perhaps someone else who has gone through the TDIU process can chime-in and tell you something else but this has been my experience so far.

Ensure you have filed VA FORM 21-8940, Veterans Application for Increased Compensation Based on Unemployability, if you believe you qualify. DO NOT ASSUME THE VA WILL AUTOMATICALLY AWARD TDIU even if it may seem obvious in your mind. Good Luck with your claim and hope this helped answer your question.
LC

#14 NJBB62

 
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Posted 12 November 2011 - 06:42 AM

Although the physical exam DID NOT specifically state that it was for my TDIU claim, I believe it was performed to assess my overall condition as it covered EVERYTHING under the sun and took a very long time for the doctor to complete. Perhaps someone else who has gone through the TDIU process can chime-in and tell you something else but this has been my experience so far.

Make sure you get a copy of your C & P Exam and make sure it reads "The Veteran claims individual unemployability due to service connected disabilities".

Then go to the Diagnoses section and make sure it says "Individual Unemployability Statement: My statement say's, As a result of the veteran's significant coronary history
and residual of Chronic stable angina, he would be unable to hold positions in either sedentary or active employment.

Please do not assume the VA will just give you an exam for TDIU, File VA FORM 21-8940. This is just my opinion, I'm sure others will chime in.

Good Luck

NJ

#15 iceturkee

 
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Posted 12 November 2011 - 08:17 AM

Yes....I filed a claim in early Feb for the following: An increased rating for PTSD (currently rated at 30%), a rating for TBI (no current rating yet), and a claim for TDIU based on the severity of my PTSD symptoms. In Sept I was scheduled for FOUR separate C&P exams. An exam for my PTSD/TBI with a psychologist, a hearing exam (currently rated at 10% for tinnitus), and a VERY THOROUGH physical exam complete with x-rays (currently rated at 20% for injury to both feet), and a GI Series exam. All my issues are service connected with an overall rating of 60%.

Although the physical exam DID NOT specifically state that it was for my TDIU claim, I believe it was performed to assess my overall condition as it covered EVERYTHING under the sun and took a very long time for the doctor to complete. Perhaps someone else who has gone through the TDIU process can chime-in and tell you something else but this has been my experience so far.

Ensure you have filed VA FORM 21-8940, Veterans Application for Increased Compensation Based on Unemployability, if you believe you qualify. DO NOT ASSUME THE VA WILL AUTOMATICALLY AWARD TDIU even if it may seem obvious in your mind. Good Luck with your claim and hope this helped answer your question.
LC



#16 iceturkee

 
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Posted 12 November 2011 - 08:20 AM

my ortho exam for IU lasted, maybe, 15 minutes. the doctor couldn't do a physical exam because i'm in a wheelchair and there were no nurses to assist me standing up.

my general med exam lasted about 40 minutes.doc asked alot of questions and did a very brief physical exam, again because of the wheelchair.

#17 airdale

 
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Posted 17 November 2011 - 12:07 PM

Although the physical exam DID NOT specifically state that it was for my TDIU claim, I believe it was performed to assess my overall condition as it covered EVERYTHING under the sun and took a very long time for the doctor to complete. Perhaps someone else who has gone through the TDIU process can chime-in and tell you something else but this has been my experience so far.

Make sure you get a copy of your C & P Exam and make sure it reads "The Veteran claims individual unemployability due to service connected disabilities".

Then go to the Diagnoses section and make sure it says "Individual Unemployability Statement: My statement say's, As a result of the veteran's significant coronary history
and residual of Chronic stable angina, he would be unable to hold positions in either sedentary or active employment.

Please do not assume the VA will just give you an exam for TDIU, File VA FORM 21-8940. This is just my opinion, I'm sure others will chime in.

Good Luck

NJ


What is C&P? All of my doctors/psychologists (total 4 VA doctors/psychologists) were provided a form to complete, and all said that I could not work full-time but I might be able to work part-time. The form they completed was not made available to me, and my VocRehab Counselor kept me from reading it directly. I just learned that my IU clam is in the decision phase, but I have not received any correspondence regarding the claim.I also provided letters from private doctors and psychologists that mentioned that I could not work full-time as well.

Edited by airdale, 17 November 2011 - 12:09 PM.


#18 airdale

 
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Posted 17 November 2011 - 12:10 PM

Yes....I filed a claim in early Feb for the following: An increased rating for PTSD (currently rated at 30%), a rating for TBI (no current rating yet), and a claim for TDIU based on the severity of my PTSD symptoms. In Sept I was scheduled for FOUR separate C&P exams. An exam for my PTSD/TBI with a psychologist, a hearing exam (currently rated at 10% for tinnitus), and a VERY THOROUGH physical exam complete with x-rays (currently rated at 20% for injury to both feet), and a GI Series exam. All my issues are service connected with an overall rating of 60%.

Although the physical exam DID NOT specifically state that it was for my TDIU claim, I believe it was performed to assess my overall condition as it covered EVERYTHING under the sun and took a very long time for the doctor to complete. Perhaps someone else who has gone through the TDIU process can chime-in and tell you something else but this has been my experience so far.

Ensure you have filed VA FORM 21-8940, Veterans Application for Increased Compensation Based on Unemployability, if you believe you qualify. DO NOT ASSUME THE VA WILL AUTOMATICALLY AWARD TDIU even if it may seem obvious in your mind. Good Luck with your claim and hope this helped answer your question.
LC



What is C&P exam?

#19 iceturkee

 
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Posted 17 November 2011 - 02:54 PM

What is C&P? All of my doctors/psychologists (total 4 VA doctors/psychologists) were provided a form to complete, and all said that I could not work full-time but I might be able to work part-time. The form they completed was not made available to me, and my VocRehab Counselor kept me from reading it directly. I just learned that my IU clam is in the decision phase, but I have not received any correspondence regarding the claim.I also provided letters from private doctors and psychologists that mentioned that I could not work full-time as well.


compensation and pension




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