In the Bradley opinion, CAVC proposed it is possible for a veteran to be granted TDIU for a single disability and later granted service connection for another disability or other disabilities that amount to a 60 percent rating. CAVC indicated this interpretation complies with VA General Counsel’s 1994 opinion and 1999 opinion. CAVC held section 1114(s) does not limit a … [Read more...] about Bradley v. Peake
VETERANS' DISABILITY BENEFITS: VA Can Better Ensure Unemployability Decisions Are Well Supported: Why GAO Did This Study VA generally provides Individual Unemployability benefits to disabled veterans of any age who are unable to maintain employment with earnings above the federal poverty guidelines due to service-connected disabilities. Because the population of veterans who … [Read more...] about VETERANS’ DISABILITY BENEFITS: VA Can Better Ensure Unemployability Decisions Are Well Supported GAO-15-464
VETERANS' DISABILITY BENEFITS: VA Can Better Ensure Unemployability Decisions Are Well Supported: Why GAO Did This Study VA generally provides Individual Unemployability benefits to disabled veterans of any age who are unable to maintain employment with earnings above the federal poverty guidelines due to service-connected disabilities. Because the population of veterans who … [Read more...] about VETERANS' DISABILITY BENEFITS: VA Can Better Ensure Unemployability Decisions Are Well Supported GAO-15-464
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To find a form, enter the form number (example: 12-1234 or 1234) or a word from the form's title or subject. Form Number: Title / Keyword(s): Form Search Tips | Where to send forms … [Read more...] about VA Forms
Asknod talks about unemployability TDIU. What it is and what it isn’t. What it was. Where it’s heading. And why. Jerrel Cook, John Basser and I will be smoking fine Havana cigars tomorrow afternoon because we can now. Just kidding. They might but I quit. We’ll discuss why IU is in danger of a haircut because VA can’t pay their bills. Read more from Asknod … [Read more...] about Unemployability – From the podcast
Today, I want to talk to you about a question that a lot of Veterans ask me: If I get a 100% rating, should I continue fighting the Veterans Affairs for benefits? Let’s jump right into the answer. Many Veterans perceive the 100% rating as the end of the line. The sign of victory over the Hamster Wheel. But….….is it REALLY over when you get to 100%? Well, the hard part sure … [Read more...] about 6 Reasons to Keep Pursuing VA Claims and Appeals – AFTER you reach 100%
GAO identified various options for revising eligibility requirements and the structure of the Individual Unemployability benefit. Six options focus on eligibility requirements, such as considering additional criteria when determining unemployability and applying an age cap of 65. The seventh option would change the benefit structure by reducing payments as beneficiaries earn … [Read more...] about VA Can Better Ensure Unemployability Decisions Are Well Supported
http://www.veteranslawblog.org/how-a-single-va-form-21-8940-can-change-your-tdiu-claim/ … [Read more...] about VA Form 21-8940 Can Make or Break Your TDIU Claim. – Veterans Law Blog
A veteran will receive compensation at the 100% disability rating level if his/her service connected disabilities prevent the veteran from being able to get a job and keep the job. A Total Disability Rating Based on Individual Unemployability (TDIU or IU) is possible even if the veteran’s service connected condition does not equal a 100% disability rating. Obtaining a 100% … [Read more...] about Unemployability (IU) Guide from Hill and Ponton
I can't work if I'm getting Unemployability, right? No, in fact, unemployability does not always mean that a veteran is not working. The key, however, is that all income earned from employment must be at or below the poverty level, or from a job that is considered to be “sheltered”. These types of marginal employment are not considered as substantially gainful … [Read more...] about Can I work and receive TDIU? Yes, in some cases you can.
VA TL 10-07 below Rescinds VA TL 07-01 | September 14, 2010 | SUBJ: Adjudication of Claims for Total Disability Based on Individual Unemployability (TDIU) PURPOSE Our purpose in issuing this training letter is to revise and clarify our policies and procedures concerning the adjudication of TDIU decisions in order to restore the original intention of the TDIU evaluation – … [Read more...] about Total Disability Ratings Based on Individual Unemployability (IU) – VA Training Letter 10-97 Rescinds Training Letter 07-01
https://www.c-span.org/video/?429945-1/va-secretary-shulkin-testifies-fy-2018-budget Unemployability Excerpt starts at 00:53:03 video CHAIRMAN ISAKSON >I WANT TO TALK ABOUT THE BUDGET FOR A MINUTE IF I MAY. I WANT TO TALK ABOUT THE INDIVIDUAL UNEMPLOYABILITY CAP. CAN YOU EXPLAIN THE RATIONALE OF WHAT WENT THROUGH THE THOUGHT PROCESS THAT WENT THROUGH … [Read more...] about Unemployability Discussed During Fiscal Year 2018 Veterans Affairs Budget Veterans Affairs Secretary Dr. David Shulkin testified before the Senate Veterans Affairs Committee on his agency’s budget request for fiscal year 2018.
Today we want to talk to you about individual unemployability and a big mistake we see, and that is the timing of the filing of the paperwork for that. A lot of times what we’ll see is somebody is not working and they’re filing for service connected compensation for their back or their headaches or their allergies, and they’re not service connected yet. Sourced through … [Read more...] about Individual Unemployability – When to File – Hill & Ponton, P.A.
Individual Unemployability is a part of VA's disability compensation program that allows Veterans Affairs to pay certain Veterans disability compensation at the 100% rate, even though Veterans Affairs has not rated their service-connected disabilities at the total level. Eligibility Requirements: You must be a Veteran You must have at least one service connected … [Read more...] about Individual Unemployability
38CFR4 Total Disability Ratings §4.15 Total disability ratings. The ability to overcome the handicap of disability varies widely among individuals. The rating, however, is based primarily upon the average impairment in earning capacity, that is, upon the economic or industrial handicap which must be overcome and not from individual success in overcoming it. However, full … [Read more...] about 38CFR4 Total Disability Ratings