Official websites use .gov The Social Security Administration, for example, requires a claimant to be totally disabled after considering age, education, and prior work experience in order to be eligible for social security disability. What is Individual Unemployability? 7 hours ago And finally individual unemployability is a result of not being able to maintain gainful employment because of all of the other issues combined. or concerned about one, connect with our caring, qualified responders for confidential help. I am retired, so I see her every day. I received IU total and permanent and have a 80% rating but received a 100% pay rating. I also have severe depression due to ptsd. Secure .gov websites use HTTPS Lets say a veteran has a combined rating of 90% and has several disabilities one of which is 50% PTSD and another at 40% due to a spinal injury. Unemployability Unemployability means the inability of a veteran to secure or follow a substantially gainful occupation. I thought about just filing a new claim since they have to rate within 125 days, but then I loose my effective date of April 23, 2013 my last date of employment. Should I make the effort to file for IU? A formal offer of employment will allow you to make an official job offer to a person you want to hire for your business. http://www.benefits.va.gov/vocrehab/, My question is I have really bad anger issues from my PTSD which has caused me to loose quiet a few jobs. 2) a 70-percent combined disability evaluation based on multiple service-connected disabilities, with at least one disability rated at 40 percent or more. Individual 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. Find out how to file a claim for disability compensation. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 In this section Download VA benefit letters To receive some benefits, Veterans need a letter proving their status. In November 2010, soon after my retirement and prior to receiving my first benefit payment, I was in a civilian hospital for two days for a severe asthma attack. 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 chosen goals. Ive completed all my paper work and exams. Joe Hinson. In order to meet the V.A.'s criteria for this claim, I must be found "unable to maintain substantially gainful employment" as a result of my service-connected disability of Post-Traumatic Stress Disorder (PTSD). Can You Help ME!! disabling, or be totally disabled based on an Individual Unemployability determination. http://www.benefits.va.gov/vocrehab/, My brother was previously approved to receive disability payments, since then he has been incarcerated since 2010. If you can please help, cause i need dental work bad and cannot afford it, trying to kept a place to stay and feed myself.. Just trying to get an appointment. Now I have bowel incontinence and urinary incontinence everyday. Once you are service connected, if a doctor states that your PTSD is causing an employment handicap, you may be eligible for IU, provided it meets the criteria specified in the post above. If you are a Veteran in crisis I also was hospitalized twice and provided those records to show I am still unable to work. It is important to be thorough here. I HAVE BEEN TREATED FOR THESE ILLNESSES AND GIVEN MEDICATION FOR THEM FOR MORE THAT 6 YEARS. Why is it I get denied for Special Compensation when I have home healthcare through the VA for Aide and Attendance? I have diabeties, bladder implant, hysterecmy full, irritble bowl syndrome/ chrones disease, lower back injury, possible breast cancer, neuropathy. Most VSOs Ive met often dont know what 38 CFR is, let alone 38 CFR 4.16(b.). 84 Comments. State the veterans diagnosis. Ive been trying to get help from all sources to include the PVA. My name is Edward J. Fuston, I was born on the 7th of March 1943 and by the Grace of God, I have served the US army from September 29 1979 to May 3rd 1992. 1) a 60-percent or more disability evaluation based on a single service-connected disability or, Get your VA letters online Sorry, this is taking longer than expected. Unfortunately, it does not work that way. Description of sample letter for va unemployability Stateside Legal TM Self-Help Sample Letter Packet Notice of Disagreement of VA Claim Denial Letter (To Department of Veterans Affairs Regional Office) ---------------------------------------------------------------------------------------------------------------------------- Chicago, IL: 55 E. Monroe Street, Suite 3800, Chicago, IL, 60603 IT ONCE AGAIN CAME BACK DENIED DUE TO NO NEW EVIDENCE. Would I receive ANY benefits from that point on? Indicate your relationship to the veteran. In the mean time since we all know how quick the VA works is there any guidance or direction you can offer or suggest since the local VSO and even the regional VSO seem to have no clue and I have lost all faith in their ability to serve in my best interest. Are there any other eligibility requirements? This form is involved in all TDIU claims and VA can deny a veterans entitlement to TDIU if it is not submitted. If you cant work because of a disability related to your service in the military (a service-connected disability), you may qualify for whats called Individual Unemployability.. SAMPLE. Not on someones couch but in a center. You cant hold down a steady job that supports you financially (known as substantially gainful employment) because of your service-connected disability. I have yet to be seen in the sleep clinic at Bay Pines because the provider wants me to provide records that were used to establish my percentage for my condition. With IU, we would no longer have to worry about our day-to-day existance. However, if you feel your VA service-connected disability has worsened, you may want to file a claim for an increased rating or request service-connection for a new disability, secondary to your current VA service-connected disability. VAs newest life insurance program, Veterans Affairs Life Insurance (VALife), offers competitive premium rates that are locked in for the life of the policy. Thank you. Sign and date your name to the best of your knowledge and belief. It covers a full range of subjects Thank you. I am 70% sc for PTSD, 30% migraines, 20% fibromyalgia, and 10% tinnitus. I am at my wits end I need someone to help me. Writing Convincing VA Statements in Support of Claim. Can I apply? This is an exception in the rules for combat veterans only. A Stressor Letter is used by Veterans Affairs (VA) raters to identify potential traumatic events that [] Be sure to put your credentials at the bottom with your signature to avoid any confusion. Is there a time limit to apply for Individual Unemployability? 2019 Daily-catalog.com. Back pay is the money you should have been receiving while you were waiting on the VA to approve or deny your claim. Quite a few files were lost). 10% 1 knee.20% lower back.20 % left shoulder. After reading your post about Individual Unemployability I have a question. If this is a mental health diagnosis, use DSM-V diagnostic codes and format. Theres a great deal of info on how to apply and requirements but Im still unclear about the details are regarding post-approval of an IU. regarding my claim for Unemployability. 3 hours ago Individual Unemployability: Understanding the basics. However, your brothers advice to speak to a service rep is spot on. ), which states: It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. I dont understand why it takes so long? Aaron, without getting into PII, the best advice we can give is to re-read your decision letter. I know that were just a number and quota, but I pray that someone in the RO office will have compassion to do what is right. Updated: March 30, 2016. Take TDIU for example - it is one of the many paths to a 100% rating - but one that confuses many Veterans. When filing a VA disability claim, former military service members can fill out the VA Form 21-4138, also known as the Statement in Support of Claim.This is a multi-purpose form that has been used by the VA for many years, on which veterans are , See Also: Letter of unemployability Show details, 8 hours ago The VA Form 21-8940: Veterans Application for Increased Compensation Based on Unemployability is the formal application for individual unemployability benefits. The Individual Unemployability (IU) program was created by the VA to provide select veterans classified as less than 100% disabled with 100% compensation due to those individuals' inability to secure and keep gainful employment. How do I apply for consideration of TDIU as my current claim is pending, but I can barely make ends meet. cut my check off for 8 months, and then started giving me 528.00 a month. By not notifying claimants of 38 CFR 4.16(b. Dominique Joseph is a claims processor at the Appeals Management Center and the daughter of a disabled Veteran. The VA defines individual unemployability as being unable to secure or follow a substantial gainful occupation as a result of service connected disabilities. ago answer please and if poss a p.o.c. I had to retire early from a job that I loved because of all of this plus the associated panic attacks. I was recently denied IU . What can I do to speed up the process of my IU ? Randall, I am sorry to hear. Sect. See Also: Sample va disability claim letter Show details, 5 hours ago All VA Regional Offices Fast Letter 13-13 ATTN: All Veterans Service Center Personnel SUBJ: Claims for Total Disability Based on Individual Unemployability (TDIU) Purpose The purpose of this Fast Letter is to revise and clarify VA procedures relating to claims for, See Also: Va form 21 4192 sample Show details, 2 hours ago I just got to see and had to go to the Veterans Hospital for my (C&P Evaulation for PTSD), the VA Doctor told me, that I had PTSD, and I would be receiving a rating letter from the Veterans Adm, See Also: Va letter of support unemployability Show details. I was told that the issue would not be addressed because my VA primary care provider did not set up an appointment for a consult with the sleep clinic for my sleep apnea in 2011. I have had 2 back operations in 1981 and 1986 and was placed out of work in January 1992 because of my back. 4 hours ago Sample Letter for VA Unemployability. How is the way VA decides total disability different from other agencies? Without the veteran's specific written permission, only the VA, the veteran, and the veteran's representative or attorney will be able to read what you write. I was granted a service connected percentage for the asthma I acquired during my active duty service. They will help to pick up the pieces once you are homeless, but you must be homeless for more than 2 weeks. Im now in the appeal process as of last fall and feel that I am just still spinning my wheels and getting nowhere. I have a question..Ive been on ssd for 9 yrsptsd/ mst..ovarian cancer..ibs..cholesrtol..stress fracturesmental dissabilitieshow do IT get the VAto compensate for original claim filed in 04? I have spoken to several DROs I use to work with and everyone has said its an easy overturn to grant IU. By Benjamin Krause January 14, 2011 March 29, 2018. He is service-connected at 30 percent for post-traumatic stress disorder (PTSD) and 10 percent for irritable bowel syndrome (IBS). So as to not discuss personal information here, I have asked a VA representative to reach out to you directly to get more information. The site is secure. My rating decision stated I was denied bc although I cant work due to my depression, I am sc for PTSD and not depression. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 You have two or more service-connected disabilities that add up to 70% or more AND one of those conditions is rated at least 40%. Can I qualify for IU?. Neither Hill and Ponton, PA, nor anyone acting on their behalf, will be liable under any circumstances. I am in an appeal for my service connection ptsd due to may, and legs, which were on my discharge. For more on treatment, http://www.ptsd.va.gov/public/treatment/therapy-med/va-ptsd-treatment-programs.asp. Hi Kristy, How Do I Increase My VA Disability Rating? It allows VA to pay certain Veterans compensation at the 100 percent rate, even though VA has not rated their service-connected disabilities at that level. What is Individual Unemployability? VA is increasing compensation payment rates based on the latest cost-of-living adjustment (COLA) announcement. What does it take for those that have not been in combat know what a combat veteran is going through and judge that they are not entitled to what they should be getting. Soi fight the fight its not just for you but also for the Veterans after you. In fact the Judge backdated my claim further then what I had originally appealed. We guide our clients through the most difficult times in their lives with courtesy, respect, and professionalism. Unfortunately, I cannot give you an approximate time frame for how long a DRO review or FDC reconsideration take. Share sensitive information only on official, secure websites. Now I am being told that I must wait another year or more before I will get my award letter and start receiving any of these benefits. You can also find more information on our IU website, http://www.benefits.va.gov/compensation/claims-special-individual_unemployability.asp. My disability was calculated without it. pension. Could you tell me if I might possibly qualify for IU? Hearing loss is a good example of this type of claim. While more advanced cases may require an expert medical opinion from a doctor who has experience in dealing with the VA, for less complicated claims, a correctly worded letter from your doctor may be what pushes your claim past the finish line. See Also: Va individual unemployability sample letter Show details. I am a 40% service-connected disabled and unemployed Veteran. Its not easy, and I cant say you will get over your trauma, but as a friend once describe to me, with help you get through it. I have known [VETERAN] since 1989. Generally, a GAF score of over 50 is seen as minimally disabling. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 San Jose, CA: 2880 Zanker Road, Ste. I meet all of the qualifications. Is IU an option for me and who at my local clinic would I discuss this with? The https:// ensures that you're connecting to the official website and that any information you provide is encrypted and sent securely. I filed a NOD in 2013 bc I was denied IU. Below are some common examples of people who may write a lay statement for a veteran. 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. He was forced to retire from his Civil Service job. But I did receive an increase for my back condition of 20%.I was also denied for tinnitus due to no service records to make connection to service. We're sorry. Hearing loss due to noise exposure or sudden pressure changes . If approved for IU he will be paid at the 100% rate. In order to meet the V.A. Who are working but are really showing by there proformance they should not be there? Veterans must submit the form within a set 60-day deadline, or they risk having their benefits reduced automatically. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 Her doctor told her to retire as soon as possible. What should I do as my issue has gotten substantially worse. Question is now that Im 70% PTSD, with a 90% overall rating, will the VA more than likely deny the claim again, or are the odds in my favor since the PTSD went up? Thank you, My husband 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 cant walk much and a swollen foot dont allow him to do much, he needs help and some compensation, Thank you so much, Melvin, Im sorry to hear. You ave a couple of options: you could file for an increase in your disabilities to meet the eligibility requirements (Note: if you do, be sure to request expedited processing since you are over the age of 75) or, if you feel that your disabilities as they are rated now are severe and would still like consideration for IU, you can request that the rating board at your local regional office submit an extrashedular consideration request to the Director of Compensation Service. Federal government websites often end in .gov or .mil. This program is also sometimes referred to as a Total Disability Rating. I was recently approved for IU and wanted to provide a copy of my nexus letter in the hope that it might be helpful to other veterans. I SENT THOSE TO MY DAV REPRESENTATIVE AND WAS TOLD THAT WE WERE FILING AN APPEAL. Tips for Getting Your Disability Benefits Approved Fast. Her doctor told her to retire as soon as possible. Part of my goal was to make it as easy as possible for my Psychiatrist to help me secure this letter. On 2014 IBS, sinus and CFS10% eachbut for a total of 10% total % 70%Sleep Apnea was evaluated on 2014 with CFs..sinus and IBSbut no answer of it. My question is this Was the VA responsible (negligent) to check with the hospital at FT. Gordon, Ga. for any 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 claim instead of the last time I filed a new back claim in December 2012 after receiving the records? 2) a 70-percent combined disability evaluation based on multiple service-connected disabilities, with at least one disability rated at 40 percent or more. VA affairs told me that is in appeal.With skin conditions. The .gov means its official. ), in what, I perceive, to be an effort to mislead claimants. See Also: Sample veterans unemployability letter Show details, Just Now Training Letter 07-01 Total Disability Ratings Based on Individual Unemployability (IU) Benefits granted under the VA rating schedule are intended to compensate veterans for the average impairment in earning capacity that results from service-connected disease or injury. AFTER WAITING 3 YEARS FOR MY CLAIM TO BE EVALUATED IT WAS DENIED. I also receive SSD for a surgery that I had on my neck (that the doctor botched and no doctors can fix in 2003) and applied for IU in 2013. If possible, type your letter on a computer; otherwise, please make certain your handwriting is legible. If youd like compensation, heres a good, quick tutorial on how to apply: https://www.youtube.com/watch?v=avDrUfN8lu4, We DO recommend you get assistance with filing from a Veterans Service Organization (DAV, VFW, American Legion, and many more). Downloading these letters does not guarantee any result nor does it create an attorney-client relationship between you and Hill and Ponton, PA. In the meantime, you can find more info on what is available to your brother here: http://www.benefits.va.gov/persona/veteran-incarcerated.asp. The Judge awarded my Compensation and in his report scrutinized the regional office for ignoring their own Gathered evidence. I am at a loss here since I have already filed an appeal that went nowhere. See Also: Individual unemployability letter examples Show details. Visit USA.gov, This will take you to the MyHealtheVet website, This will take you to the Suicide Prevention website, This will take you to the VA Find a Form page, This will take you to the VA Publications page, http://www.benefits.va.gov/compensation/claims-special-individual_unemployability.asp, http://www.benefits.va.gov/persona/veteran-incarcerated.asp, http://www.ptsd.va.gov/public/treatment/therapy-med/va-ptsd-treatment-programs.asp, https://iris.custhelp.com/app/ask/session/L3RpbWUvMTQyNjE4Nzg3NS9zaWQvaEJTcEQ4aG0%3D, https://www.youtube.com/watch?v=avDrUfN8lu4, http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=39c7e367a71c8efc570650851b266303&rgn=div5&view=text&node=38:1.0.1.1.5&idno=38, http://www.va.gov/oig/contact/default.asp, http://www.benefits.va.gov/benefits/mstcoordinators.asp, Protect those who matter most with Veterans Affairs Life Insurance (VALife), PACT Act benefits explained in upcoming online briefings, Record pay increase for Veterans receiving VA compensation benefits, Call TTY if you How can this be? I have NO QUALITY OF LIFE living with all these medical conditions. Please keep in mind any side effects of medication that may be disabling. I have been waiting 13 years and still have not had my claim settled. Click here to read more: http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=39c7e367a71c8efc570650851b266303&rgn=div5&view=text&node=38:1.0.1.1.5&idno=38. I was approved for Social Security Disability in January 2014. The following is a more formal version of what I tell them. Here is a sample of the first two pages of my application for disability compensation to the Dept of Veterans Affairs. See Also: Dr letter for va unemployability Show details. I also suffer from anxiety and depression spells and PTSD. 4.16(a). At VA..I was service connected.major depression 30% 2009-10..Fibromyialgia40% 2010-11 for 60%. Sample Letter for VA Unemployability First Sample: Edward J. Fuston February 12, 2002 Letter for va Benefits Sought My name is Edward J. Fuston, I was born on the 7th of March 1943 and by the Grace of God, I have served the US army from September 29 1979 to May 3rd 1992. 1 hours ago Individual Unemployability . Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices The Department Veterans Affairs (DVA), still, continually, sends claimants information on 38 CFR 4.16(a. From personal experience, I believe that there are many programs to pick you up once you have lost everything but none for those in the process of losing it all and struggling to maintain. Jasonwhy are there Laws and Regulations? To apply for TDIU you must include the following: VA Form 21-8940, Veteran's Application for Increased Compensation Based on Unemployability Past employment information Education information Earnings history How to Start the Application Process It's important to ensure your paperwork and process is carried out in the proper manner. 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