VA Individual Unemployability Explained
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- čas přidán 25. 07. 2024
- VA Individual Unemployability (IU) is a part of the VA Service Connected Disability Compensation program. Referred to as Total Disability based on Individual Unemployability (TDIU), if you are a Veteran with one or more service connected disabilities, AND you can not hold gainful employment (think regular job), you might be eligible to be compensated at the 100% VA Disability Rating level. www.va.gov/disability/eligibi...
To be eligible: you must be a veteran, be unable to work due to your service connected disability, if just one VA rated disability - it must be 60% or higher; if tow or more - one must be at 40% or higher AND the combined VA rating must be 70% or more.
If you qualify for this program, you will be compensated the same as a veteran with a 100% VA disability rating regardless of what you actual VA disability rating is.
Be warned, you can not work. If do earn any income it needs to be below the federal poverty threshold for one person ($12760 for 2020). There is a great article on the specifics of gainful employment here: cck-law.com/blog/va-unemploya...
IU is just another resource for veterans. Being IU or not, does not affect any other VA disability rating. But note, if you are re-evaluated for any reason (recurring, new claim, request for increase) and your disability rating is changed, if the new rating is below the IU threshold, you would also lose TDIU status.
Please share this video and channel with the Veterans in your life, and subscribe to the channel. And as always, Thank You for Your Service. #gogetrated!
There are dozens of Veteran CZcamsr’s like yourself who give advise, but the difference is you simplify it in layman’s terms that any ordinary Veteran can understand. Straight forward, sincere, brief and to the point. God bless you and yours, Happy Holidays.
I try, thanks for the feedback.
Thanx for explaining things well
Thx bro
Update!: I put in my IU claim with a “developed claim” overwhelming buddy at work and supervisors at work testimonials. Within 15-20 days the vba had ves C&P reach out to me to set up a physical and mental exam two separate exams. Does this sound ok? I just don’t want my original rating compromised ten plus years old. I recently reached out to a vocational expert to assess my situation and add this to my claim. Thoughts?! Good? Bad ? Normal?
Great channel. I have a question, I have 10% for service-connected Tinnitus and during my C&P exam the Doc told me that I should file an additional claim for Hearing loss because I have moderate to severe hearing loss and if I filed with 3 months the report and findings from that C&P exam would take precedent. So, I'm filing for Hearing loss (New Claim) and Migraines and Anxiety (connected) to the Tinnitus claim. My question is while filling out the forms they asked me if I would also like to apply for additional benefits due to my unemployability. What is that ? And should I pursue it? I cant work anyway. So I think I should,. but I'd like your or anyone's opinion. Thank u for your time ?
Individual unemployability is a separate program. If you meet the requirements outlined in the video and because of service connected disabilities are unable to work, then IU is a reasonable option.
By the book, the key item is inability to work. If you are choosing not to work, then applying for IU is a decision you have to make. In the real world, if you are eligible for a VA benefit and meet the requirements, I say apply for what you earned.
Hello. Thank you for this video. I hope you will be able to answer my questions. First, how long does it take for a TDIU application to get denied/approved? Also, I had my C&P exam and received a notification to apply for TDIU, but I am still working. If I apply and get approved, do I have to quit immediately or is there a grace period the VA gives you before I have to quit. TDIU will help me tremendously due to my disability, but I am in the process of obtaining a VA Home Loan and any changes to my income will make things so complicated so I am not sure what to do.
I have no information on how long VA processing takes, for any number I give, it could be different for you. A strong, well documented package, one where it easy to say yes to, will probably go faster than one they have to work through. If you are still working with income above the annual limit set by the VA (think poverty level), you are not eligible for Individual Unemployability I have not heard of a grace period for going on. For coming off IU, there is a grace period of up to 12 months to ensure you can actually maintain employment. Lastly, as a mortgage professional (what I do for a living), I recommend not changing anything until you close your VA loan.
I'm at 100 combined but they will not take the iu off can I go to work?
I have an 80% disability. (The provider who helped me file didn’t put everything i had) I haven’t worked in over a year because of my disabilities they just keep getting worse and worse. I’m single and no kids. I started going to school so I don’t waste my GI Bill benefits and make a little bit extra money to pay my bills. Will going to school effect in any way TDIU? Also, I know you get the pension as a 100% disability but what about the benefits like free dental?
Short answer, Yes you can go to school using the GI bill. The VA can not downgrade (lose) TDIU simply by you using another earned VA benefit like going back to school. You would have to show improvement in your ratings or get a job for them to review TDIU. Yes on the dental care if you have TDIU (www.va.gov/health-care/about-va-health-benefits/dental-care/). FYI VA disability compensation (what you have) is not the same thing as a VA pension. The VA pension is for specific low income wartime veterans and is a different program. Just keeping the nomenclature straight. I am not an attorney and not affiliated with any, but here is a good article that answers the GI Bill question. www.woodslawyers.com/tdiu-and-the-gi-bill/
My husbands' rating is 90%. The VA told him to apply for IU. He has not worked since 2001. The form ask for employment info for last 5 years worked. Do I need to research and provide his employment info from 2001?
I’m 110 paid at 100 percent disable. How much could I receive?
I have 70% PTSD & 90% overall. I recently sliced my throat with a knife and stabbed myself in the chest 3 times. I've been in the hospital for 6 1/2 months so far. Do I meet the criteria for 100% VA pay?
How much do they receive monthly?
hi there, i'm very close to this. i'm gonna apply and see, 10% off of two combined for myself.
darktemplar1455 I wish you luck. I don’t think there is any wiggle room on the requirements, though.
My Testimony. I am a service connected veteran rated @ 70% for PTSD. Currently I am in residential care for PTSD and had to leave my job of 5 years (medically) due to my symptoms getting worse. Due to my 5 year employment will it be held against me if I apply for TDIU? Should I apply while I'm in residential care via VSO?
No. As long as you currently meet the requirements, an IU claim is appropriate. If you did work, and now your service connected disabilities do not allow you to work, that is what the IU program was designed for.
How does back pay work with the iu program ? I am 70 an thinking about going into the iu program . Would I receive an back payment if I am approved?
While the VA is reviewing your claim, which can take months and even years, You would receive retroactive pay up to the time the claim for IU was received by the VA, not for time before that.
I understand that it is beneficial to have some sort of advocate to help get the unemployable status. What type of advocate do you recommend, if any?
I think it is equally important to understand the requirements. Do your research, use statements to help illustrate that you meet the requirements. Every state has a VFW state level service officer. Google VFW state service officer to find one near you. They can help you, membership in VFW not required.
@@VeteransAdviceHub thank you. My friend got 60% so he qualifies (BWV Navy) but his VSO wasn't much help with it so did most of it on our own.
I was just eval, Total=160% but for CRDP 90%. Im Retired 21y. They suggested I apply for the 100%-UI. Is that going to help me or hurt my income. I have not work since 2005.
I don't think I can, before was 50% just getting by on Retired pay and VA CRDP 50%, but I heard if I take 100% UI, my VA comp goes up, but then I loose my Retired Pay. Comes out the same as im am now at 90%. With Retired Pay. Is this true?
Sorry for the delay in responding, just saw your comment. A few general comments. Sounds like you retired (served 21 years). Also, sounds like you have a combined VA disability rating of 50% (or more). Read this: www.dfas.mil/retiredmilitary/disability/crdp/. If you are retired and have a rating at 50% or more, you are entitled to receive both full retired pay and full VA compensation for your rated percentage. IU, if you are eligible, is a separate program that can increase your VA compensation to the 100% rating - separate from your retired pay - you can receive retired pay and be n IU (you just can't work now and be on IU). The problem I have is that the pay stubs are very complicated because money is being adding in one section and taken away in another section - to meet the CRDP accounting requirements. This is an old law that was completely phased out in 2014. If your VA compensation is below 50 (so 40 or less), there is an offset between VA disability and retired pay. I don't have that, so I do not have first hand knowledge of how that exactly works.
I’m 100 percent iu. But is that it can I get more benefits. If I have two bathrooms can I upgrade the. To step in one has a tub one diesnt
It really depends on the severity of your disabilities. There is a Specially Adapted Housing grant program for severely limited veterans to have the home reconfigured to allow easier access. Here is one reference to consider: www.benefits.va.gov/homeloans/documents/docs/part1_va_pamphlet_26_jrd_edits_doc.pdf also look here: www.prosthetics.va.gov/psas/HISA2.asp the HISA program may be a better fit. This seems top apply to general service connected disabilities. If you have stability issues or mobility issues that are service connected, you may be eligible for Home Improvements and Structural Alterations (HISA)
Thank you for the information. I have applied for IU, one disability at 60% and another at 70%, and one at 10, with a combined rating of 90%. However, in my claim it list Unemployability, then the two highest disabilities as me asking for increases. I've already had one C&P exam, and I suspect they will ask for another. Is this normal procedure or have they addressed my claim wrong. Thanks again.
I have heard of the VA assigning a higher rating based on the information from a C&P exam. essentially if your evidence shows you meet the requirements for a higher rating, they will assign that rating. As far as their letter to you, I'm not sure what they mean either. If you did not request an increase, but simply put in for IU, that's what it should reflect, unless they are taking the initiative and increasing you as d mentioned above.
@@VeteransAdviceHub Thank you for the response. I've called the VA and told them that I'm not seeking a higher rating, (I wouldn't likely get it any way), but only IU since that would effectively compensate me at 100%. Still they insist that the C&P is necessary. I'm concerned that they are trying to find a way to reduce my rating, not increase it.
@@amaznjohn the C& P exam should be of a specific scope, i.e., they are looking at a specific issue(s). The C&P letter telling you about the appointment should have this information, but you can call the VA to find out. Knowing what they are looking at, review the requirements for that specific item in the VA's rating schedule (www.benefits.va.gov/WARMS/bookc.asp). You really have to dig to find your specific item. you are looking for the schedule of rating for that area of the body. Then when you get to the exam, be ready to demonstrate how you meet the requirements for that particular rating level. I did a Video about preparing for a C&P exam, you should check that out. When you walk in there, and they ask how are you feeling, don't say fine! Talk about how you feel as if it was your worst day, because that's really how you "feel," most of the time.
My combined rate is 120% but VA math puts it at 80%. I've been put at 100% for unemployable. I have had two cardiac ablations and defibrillator implanted. Next month I have open heart surgery to repair my tricuspid valve. What do I have to do to change my service connected disability to permanent and total disability? I was in iraq in 2003 first wave also exposed to burn pits. Burning shit detail ect.
two components , the percent rating after VA math, you know about that. The other is will they likely ever change or improve? I'd say what you described would be permanent. After the procedures, if they stem from service connected issues, review the criteria for the rating of your heart issues, may be eligible for an increase. If you think you are, I'd summit a request for increase with all the medical documentation included. P&T is related to VA disability, but a separate decision from the percentage rating. If they approve your new claim, but don't designate as P& T, or you decide to now submit a new claim, the process is the same for P&T. You have to submit a new claim and request P&T designation. Or a you can send a letter explaining why you meet the P&T criteria. and send it here:
DEPARTMENT OF VETERANS AFFAIRS
CLAIMS INTAKE CENTER
PO BOX 4444
JANESVILLE, WI 53547-4444
Hope this helps.
Is there income limit applying for TDIU? Is retirement pensions count as income for d purpose of TDIU??? Thanks
Retirement, annuity and investment income are all unearned income and do not count towards the earned income limit for TDIU. The limits are connected to "substantially gainful employment" in other words, earned income.
If I am rated at 60% for my back.....and I'm now unable to work due to Rotator cuff issues, am I eligible for IU?
I never suggest what the VA will approve or deny, but IU is based on an inability to work due to the impact of your service connected disabilities. If the rotator cuff is service connected, and that is the thing that finally forced you to stop working, then I'd say (my opinion) you should put in a claim (if you meet the requirements outlined in the video). If the rotator cuff is not service connected, unless you can show it is a secondary condition to the rated back issue (you would need to get that rated first with a secondary claim), I don't think it would meet the requirements for IU on it's own. I all depends on what is rated and why you are not working.
I’m at 80 & I applied for this. I wish I could work but I’m in pain everyday
if the issues are physical and causine chronic, documented pain. If this makes you depressed or anxious, go seek a mental health evaluation. If they diagnose a mental health issue, you can then claim that as a ratable item. Most of our issues, especially chronic, life-ling issues are interconnected with our mental health. The VA is starting recognize that.
Hi there I'm a veteran currently receiving TDIU
can I still receive TDIU if I move overseas?
I'm not a lawyer, and I am in no way affiliated with any attorney. This seems to answer your question: www.woodslawyers.com/va-benefits-disabled-veterans-living-overseas/
My read is that as long as you do not work (You are IU), where you live does not matter too much.
Ive been trying to assist someone in verifying if they are in unemployability status, although they are 100 P/T. This doesn't mean they are unworkable but no one seems to know where the letter detailing UI status is located, not even the damn VA reps themselves.
If a veteran is rated at 100% already, IU is not really necessary. Compensation can not go higher than 100% IU is a specific program for veterans who are unable to work because of their service connected disabilities. All that aside, if you want to track down the paperwork on principle, I recommend connecting the a veteran service organization like the VFW. The state level people are full time employees (not volunteers like me) and have access to VA files. www.vfw.org/assistance/va-claims-separation-benefits
How does TDIU impact using the GI Bill?
It does not effect it at all. GI Bill is for school, its not work, GI Bill is a benefit you earned for your service and its in your contract.
How long does this process take ? I filed back in August
I get this type of timeline question a lot. My stock answer is I have no idea. My VA paperwork experience has always been in the weeks to months category. Others have waited longer, and some report their claims have gone through more quickly. I always advise to make it easy for the VA to say yes, read the requirements, have all your documents ready and submit complete packages. that's the best one can do.
So do we just file new claim and type unemployability
Essentially yes. use this form: www.vba.va.gov/pubs/forms/vba-21-8940-are.pdf
I am currently 70% rated for PTSD. I recently quit my job due to my condition and applied for IU in May 2021. I had my C&P exam and felt it went well but I have friends telling me it's not a good route to go because of the low income and not being able to work small jobs at all. Should I withdraw my claim having made it this far or continue with the IU?
You have, it sounds like, a few rated service connected disabilities at a certain percentage. And you would be compensated for those. You can work without restriction. IF you can not work because of the service connected disabilities and you meet the requirements (discussed in the video), you might be eligible for IU. With IU you retain your actual rated percentage, but are compensated at the 100% rate - because you can not work. The C&P exam relates to your actual rated items (to see that you meet the rating requirements). IU has to do with ability to work. The disability causes the inability to work, which in turn, makes you eligible (if you meet the requirements) for IU. If you are not working because of your service connected disabilities, and you think you meet the IU requirements, there is no down side to putting in a claim for IU. As with any claim, it can trigger a C&P exam to ensure your rated item still meet the rating requirements. Is it possible to have a rating lowered, yes (see video on C&P exams), but you know best if things have improved or not. If you have clearly documentable disabilities, meet the requirements and the rating percentages are appropriate (meaning they meet the the requirements), the C&P exam should confirm your ratings. Whether you meet the IU requirements is a different decision from the VA.
The other question is about compensation and not working with IU. You can not work. The VA is connected to the IRS database. If you file a tax return and show income above the annual poverty level (it changes year to year - you'll have to look it up), you can trigger a review of your IU status and they will remove you from the program if you show actual employment. So your income is limited to the 100% rating for VA compensation (and SSI if eligible - separate topic). That's it. If that is enough money for you, then that's your income. Remember IU is not an income generator, it is compensation for the inability to work because of your service connected disabilities. Either you can work or you can't. If you can, go work and don't file for IU. If you can't, file for IU. Does this limit your earning potential, yes. You can't have it both ways. Working and income are not limited by your standard VA disability rating and associated compensation. The system is a safety net, if you can work, work. If you can't, then IU is an option. Good Luck.
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Any updates on your IU claim yet? I’m rated at 70% ptsd and thinking about putting a IU. I haven’t work in like 3 yrs!
@@irwinsailas5610 same! Got fired again anyways so I asked again
how long did the whole process take?
I was trying to get info on the way to be compensated by starting or owning a social media channel, while being 100% permanent wt. UI? All replies are welcomed.
If you are being compensated at the 100% amount because you are rated for individual unemployabilty, there are limits on what you can earn. Any income must be below the federal poverty level (amount updated annually by the Feds). If you earn over the limit, they will review you individual unemployabilty eligibility. And yes they do review your taxes.
If you are below the limit, that is allowed.
I have just received my IU and I was working part time but not able to make the income over the federal poverty level. Would I have to quit my part time job
As long as your total employment income is not above the annual HUD poverty limit, you would be fine. Note the IRS and VA databases are connected, so if you show taxable income from employment, it will cross over to the VA and they may take review your claim. Investment and other passive income is not considered gainful employment, so does not count toward the poverty determination.
Sorry I just realized I was on another Account. This is the Veterans Advice Hub guy.
I’ve recently just received 100% permanent & disabled. By recent I mean just now lol. My question is can I continue working?
Short answer: Yes, you can work and collect VA disability compensation, even with 100% P&T rating. Your VA disability rating has nothing to do with employment...unless your are part of the VA's very specific Individual Unemployability program.
100% through IU? If so think you can give me some tips?
Hello I am at 80% w/70% PTSD 10% Tintus and Receiving IU and wanted to ask can I work if so are their limitations.
By definition TDIU increases your VA disability compensation to the 100% level because you are not able to work due to the service connected disabilities. If you are able to generate employment income, it has to be below the federal poverty threshold. The 2023 threshold is $13590. If you make more than that, you would become ineligible for TDIU. FYI, the VA and the IRS databases do connect and employment income over the limit on your taxes will trigger a review on the VA side. Not included as employment income are other sources like investment income or rental income. It has to do with the ability to "work."
I am not affiliated with any attorneys, but this is a good summary of the benefit overall.
www.hillandponton.com/category/va-unemployability/
@@VeteransAdviceHub Thank you so much
Is there an age limit to file?
Sorry, just noticed this comment. no age limit to apply for IU, but in addition to meeting the basic requirements for the program, you will have to explain why your disabilities make it impossible to work. So an older veteran could not simply retire and then claim IU unless they can also justify the benefit. They do actually review that part of it.
Hello, Gotta ask a question. Im 90% with tdiu rated P%T. I want to start a youtube channel and hopefully get monetized, Am i risking my Tdiu rating? Will I be forced back to the 90% bracket? or stay unmonetized to not hit the Irs earned income report. Reason why i ask is im getting false info from every direction and dont know who else to ask but a CZcamsr. Thanks for any info, Semper
I could not find a specific answer to this scenario, but as a youtuber that makes money, I expect you would get a 1099 or some other type of documentation from CZcams. I think you would be considered gainfully self-employed, so to stay within the TDIU requirements, your total income from employment has to be below the limit. Passive income, like retirement or investments is not counted as part of the calculation because it's not really employment. Can't work, means you can't work.
Now this is just my opinion based on what I could find on the web, so take it for what it is worth. If you are youtubing as a bona fide business, even a side hustle, I'd talk to an attorney to get clarity on this specific scenario. If you were thinking sheltered or protected work, those determinations require VA review beforehand. One can not simply declare themselves sheltered or protected.
Here is a short article on the subject of employment while on TDIU. I am not an attoreney and I am not affiliated with these folks in any way. i just grabbed this article because it seemed to be on topic. www.woodslawyers.com/va-unemployability-income-limits/
@@VeteransAdviceHub I was thinking exactly sheltered or protected work. Thanks for your opinion.
I worked a good many years and receive a pension. I can no longer hold gainful employment due to my Military disabilities; I am rated at 80%, my question is if I'm over the $13,400 allowed by the VA. How does that effect my IU payment?
VA Individual Unemployability is a specific type of VA Disability Rating where you are paid at the 100% compensation level because you are unable to maintain gainful employment (i.e., work) because of your service connected disabilities and you meet the other requirements for the program. The limit you are asking about refers to gainful employment income, not Retirement income (even civilian retirements), or say winning the lottery.
@@VeteransAdviceHub What if that my pension is more then the gainful employment limit. Is that taken into consideration? Reason is I'm debating filling for IU.
@@thomasheck1 Does not matter, the limit is for gainful employment income not other sources of income like retirement, dividends, interest bearing accounts, just income from work. The rationale is that you are saying you can't maintain gainful employment. if you receive income from employment above the annual threshold, the VA considers that gainful and you would not be eligible for IU. Also, just FYI if you meet the criteria and submit a claim, you have nothing to lose, they will not change the 80% you are already receiving.
@@VeteransAdviceHub Thanks for your help!
Hello there, my question is this- I’m currently unemployed after medical resignation from my job of 16 years from major depression at 50 percent and sleep apnea at 30 percent with a couple others equaling combined rating at 80 percent. If my service officer files unemployable for me and say I get denied, will there be a likelihood that they will take my service connection away or reduce it after having this since 2012?
So it looks like you meet the schedular requirements for IU, but the approval is not automatic. You also have to demonstrate (through the medical evidence, statements, any other documentation) that your service connected disabilities are negatively impacting your ability to work. Review the requirements for each percentage rating you currently have for each item to make sure you still meet those. Then I would include a simple statement indicating why these items make it impossible to work. You can also include a statement from you spouse (on things they can observe like changes in ability or temperament over time), if you have a good relationship with you ex-boss, they can write a statement that you are unable to meet the job requirements, and a letter from your Dr(s). showing the the rated conditions are worse or remained the same (not gotten better) over time. You are trying to give them enough evidence up front to make a decision without needing a Comp and Pen exam.
If you are scheduled for a comp and Pen exam (most requests for IU end up requiring an exam because of a lack of current medical documentation), they will review the items you claim cause you to be IU. If in that exam they note an improvement of ANY rated item, they can consider a reduction in rating based on the specific rating criteria. For example, If the Dr. asks you how do you feel, and you say fine, is that improvement in mental health?
With a well documented file, where you demonstrate your rating is appropriate based on the evidence, even if they deny IU for some reason (and they have to tell you specifically why they are denying your claim), they still can not lower your existing ratings without cause. So to answer your question. If all things are appropriately rated to begin with, no they can not lower your current ratings (without cause) if they deny your IU for some reason. I hope this helps. A good package does not always mean good outcomes with the VA, but it is much more likely. A weak package means they have to dig more and it becomes easier for them to say no right up front. You want to make it easy for them to say yes and move on to the next file.
@@VeteransAdviceHub that helps much! Thanks sir! I have the DAV representing me on this who seems confident that I will be rewarded. He tells me that the va will reach out to my prior employer about for a statement. So I feel more confident in a deduction of my rating going this route rather than going for permanent and total rating, am I right?
I don’t have a spouse who will put up with me lol. I’ve had 3 relationships since my stroke in 2005 that caused all this mental issues. What do I do?
@@ryananderson7124 P&T is a separate thing. The P is for permanent, as in your rating is not likely to improve, total is for 100%. If you're combined rating is below 100% you can't just "go for" a total rating. It is identified by the VA when the VA math gets the combined total at or above 95%, which is then rounded up to 100%. FYI 94.9% is rounded down to 90%. I tell folks, don't try to "do" anything. Apply for what you qualify for, build a strong package based on documents and evidence, and learn what the criteria are. If your total rating is below 94.9% you will not get to 100% unless something either gets worse and meets a higher rating criteria, or you are awarded a new rated item based on a new clain. the point of IU is that some vets don't rate out at 100% but are so profoundly affected that they can't work (effectively demonstrating the impact of a 100% rating).
@@ryananderson7124 What do you mean what do you do? Based on your situation, you can have anyone else in your life provide a statement in support of a claim. If not a spouse, than a friend, a care-giver, an ex-boss. The statement needs to be brief and address how the claimed issues affect your life, AND demonstrate how this meets the criteria for the rating you are claiming. For IU the statements should address those things that demonstrate a negatively impacted ability to work.
does my wife qualify for full medical benefits if im accepted?
What do you mean "accepted" VA disability and VA medical are two different programs. If you mean VA medical, no. VA medical is directly for veterans only. There are additional programs that spouses can qualify for in specific circumstances.www.va.gov/health-care/family-caregiver-benefits/
Thanks for this information, i applied for I/U under my 70% PTSD and was denied because "I was gainfully employed" however, they used the year 2019, I assumed they pulled tax records. My PTSD 70% remains in tact, my current treating VA doctor is willing to substantiate any report that shows i should not be working. I plan to appeal and submit letters from my spouse, friend, and daughter. Do you recommend the supporting letters be hand written or typed? will that matter in your opinion? thanks for any feedback....
Typed is fine. More legible. Make sure to sign an date them, and add a comment like this: “I certify that the statements on this form are true and correct to the best of my knowledge and belief.
Letter should address facts, details of the incident or cause, observed impact. For example in my wife's support letter for my arthritis claim, she commented how my limited range of motion and pain made it difficult to go up and down stairs properly and get in and out of a car.
I applied too, and I have a feeling I’ll be denied for same reasons.. even though I haven’t really worked for a year..
I was told that Individual Unemployability isn't an option for those with a 100% full & permanent rating. Is this true?
I could not find a definitive answer to your question. I don't know the legal answer, but I would ask what difference does it make? 100% Schedular rating has no work restrictions. TDIU is for those veterans who can not work because of the impact of their rated disabilities (per the eligibility described in the video), paying them at the 100% level, but with the restriction on work. The 100% compensation rate is the same amount for both, just that TDIU has some limitations on what the veteran can do. Why would one want TDIU if they already had 100% P&T? If some new information comes up and the VA reduces the 100% P&T rating, a veteran could then possible get back to 100% if they met the TDIU requirements. But, they would have to put in an updated claim for it. I didn't find anything that indicated a veteran could have both at the same time. If you get a definative answer, I'd like to hear what it is.
@@VeteransAdviceHub Thanks for the information. I only asked as I'm new to all of this and want to make sure I am getting everything I'm eligible for. I also have a fellow DV who has an 80% rating that also had zero idea of I U. Looks like it wouldn't be an added benefit for me but for him will make a significant difference.
@@LouTAUs if your friend is only at 80% by the rating schedule and VA math, assuming they meet the IU requirements, TDIU would be an improvement option if not working.
@@VeteransAdviceHub Yep, that's the conclusion I came to. He's reaching out to our local Vet's resource people to see if he indeed qualifies. I can't speak to any of that as I don't know much about any of this stuff, but I'm learning. I sincerely appreciate your response(s). Thank you.
How long is the process if everything is done correctly
One can never tell with the VA. I submitted a claim, had my initial C&P exam and was receiving compensation within 6 months the first time around after leaving the service.
So thats the thing, If i struggle to go to work every day and my life fucking sucks. Bc of my shit i have to deal with, but, if i dont have a job i lose all my shit, car house etc, like wtf, this is the issue, i cant go into severe debt or lose everything, bc the va wants to take forever!!! If fucked
Within 3 months 👍
@@JamesPiccone Obviously every case is different, but my TDIU was just submitted last week and I want to know what to expect of the process
@@kplkpl8287 You should be expecting a C&P exam next, besides the VA verifying they received your documentation.
My claim was filed in 1993, approved in 1997 and was awarded unemployability in 2005, I was told 20 years from the date of unemployable is when it becomes irreversible.
I am not affiliated with this law firm in any way, but they do provide good information. Here is an article on all the 5,10,20, year and age 55 so called "rules" www.hillandponton.com/protected-ratings-va-cant-reduce-rating/
So if you worked part of the year and then had to resign does that make you ineligible since you paid taxes last year and part of this year
Or that means you can't apply until the following tax year
If you worked and worked and worked, and then finally were unable to work because of your service connected disabilities, and you meet the requirements for Individual unemployability, you can apply as soon as you meet the requirements. The comment on the VA checking taxes are for veterans collecting IU, but who then return to work without letting the VA know about it. You can either work or you can't. If you can't work, and meet the eligibility requirements, then put in a claim for IU. If it is awarded, and your condition improves in the future, and you go back to work, you would no longer be eligible for that IU compensation.
Can I start my own business and work for myself?
My opinion: As long as you do not earn above the annual poverty limit, you should be OK, but I would consult with an attorney on this one. It's hard to say your disabilities are keeping you from working if you are starting a business. A small enterprise, say out o f your home and within the limitations of your disabilities might be fine, again as long as you don't earn over the limit. You can always actually ask the VA. I've never experienced it myself, but I understand they do have people to evaluate unique situations.
I just got my reply back im at 80.. whats my next step.. I ask becuase this process was very confusing... so whats my next move.??
Not sure what you mean. You submitted a claim and the VA rated your issues at a combined 80%. Are you saying that is incorrect? If you are asking what happens after the rating decision, they will send you a monthly check (or direct deposit if you set that up). If you are asking about how to apply for IU, assuming you meet the criteria based on the new rating information, you summit a claim for IU using this form: www.va.gov/find-forms/about-form-21-8940/
@@VeteransAdviceHub i have 80% yes.... I would like to know whats my next step to vet for 100%.. my circumstance is unique...
@@jimmyatila Assuming the rating is correct, the only way to "get to" 100% is to meet the requirements for IU (service connected disabilities limit your ability to work) outlined in the video and the comments. And even then you would be compensated at 100% because you can't work, your actual (what is called schedular) rating will remain at 80,.
Theoretically you could increase your overall rating if the items you are currently rated at get worse over time, or you claim new items. There is no getting to 100% unless you meet either the IU criteria or the total of your schedular rated disabilities calculates out to 95%, which is the threshold to round up to 100% schedular rating. If you have some other unique situation, outside these broad discussion points, I'd need more details.
@@VeteransAdviceHub that is good enough thank you... u gave me some good points
What if a veteran is already at 100% Total permanent?
Not sure what your question is. If your combined VA rating is 100% through the standard VA math (for multiple items) process, called schedular rating, you're at 100% so no need to apply for IU. With 100% schedular, you can still work without restriction. If you are getting compensated at 100% because you are rated as IU, you can not (with a few very limited exceptions) work and earn an income above the federally mandated poverty line...and yes, they do check your claimed income on taxes.
I am 100% p&t receiving SSDI. Can I still apply for Individual Unemployability? Or is that only for veterans below 100% p&t?
am UI
I called the va benefits people and they said that I can get 100% out with ssdi and still work but it has to be under the poverty level.
If your total va disability rating is 100%. That is all the rated disabilities combine to a total of 95 or higher, rounded up to 100% you can still work with no income restrictions. If you are rated for Individual unemployabilty, that is a different category, and in that case, there is the income limit you mentioned. The rating percentage is compensated at 100% but that is because you are in the IU program.
These are two different types of situations. Both result in 100% rated level compensation. Standard rating schedule=no income limits; 100% because you are rated for individual unemployabilty =income limited to below poverty level.
@@VeteransAdviceHub ok makes sense I just wanted to make sure that the va benefits lady was correct when she told me I can be IU and get ssdi and still work on the poverty level.
What about 100 % disabled DIC got daughter suffers losing her daddy been effective 30 rank e5
I don't understand your question, but here is the reference page from the VA for DIC: www.va.gov/disability/dependency-indemnity-compensation/
Thanks I'm still try fig this out so sorry
@@bevsumpter7736 I would be happy to help you. What is your question? Maybe if you explain the situation in a little more detail, I can point you in the right direction.
Unemployability is terrible thing. Try paying child support and only getting 3500 month. Pshhhh always broke. System is a joke.
I'm sorry you feel that way. I agree the VA is broken in may ways, but even with their flawed process and bureaucratic bullshit, they still provide a lot of support. IU is a good fit for some folks, so it is there as an option.