Va Iu Denied

Recently I had the chance to look at a Vietnam-era Veterans Claims File.

Va iu denied. MYTH There are certain things VA cannot take into account when evaluating veterans for individual unemployability one of which is age. The Board granted the Veteran a 70 rating for the entire period on appeal denied a rating in excess of 70 from May 2012 and denied IU in a September 2016 decision. The VA Disability lawyers at Hill Ponton are available to help. That restriction would apply to both current and prospective recipients.

3 Reasons the VA Denies TDIU Claims 1. What is Individual Unemployability. VA Individual Unemployability if you cant work 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. You either can or cannot work.

The VA mistakenly requires veterans to prove 100 percent unemployability from all forms of employment. You can call our law firm at 1-888-373-9436 to discuss your VA disability claim. Denied Individual Unemployability IU Benefits. Other times the Veterans Administration just didnt examine all the evidence correctly and wrongly denied a perfectly fine claim.

There is no close decision with the VA. Individual Unemployability IU is a unique part of VAs disability compensation program. Under the first alternative VA would stop making IU payments to veterans age 67 or older the full retirement age for Social Security benefits for those born after 1959. The Veterans Administration denies lots of legitimate claims for one reason or another.

VA only considers service-connected disabilities when considering entitlement to IU and those disabilities must be the reason the Veteran can no longer be gainfully employed. VA regulations do not require veterans to be totally unemployable from all forms of employment for TDIU claim approval. FACTORS THE VA CONSIDERS IN DETERMINING IU The VA determines whether the individual veteran is prevented from securing or maintaining a substantially gainful occupation because of service-connected disabilities. 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.

You can also click the red button in the corner for a free consultation. We have denied individual unemployability for your posttraumatic stress disorder because the VA mental health examiner determined that you do have residual capacitys for productive employment but might operate best in a work situation that emphasizes his established skills but does not demand contact with the public. VA should only be evaluating the effects that the veterans service-connected condition s have on their ability to work. CCK appeals to the Court CCK successfully appealed to the Court the denial of IU.

If your VA claim was originally denied you may be able to appeal the rating and receive VA disability compensation. And if your service connected disabilities do not prevent you from doing sedentary work regardless if you have ever done so before you will be denied for IU. VA Can Deny TDIU Benefits if Veterans are Over Retirement Age. We understand the sacrifices you have made.

There are three important caveats to understand about this determination. The Easiest Way to Get Your VA TDIU Claim Denied. Cameron Firm PC has certified Veteran Appeals Lawyers on staff who will fight with you to secure the benefits you deserve. There is a code of federal regulations that dictates how the VA handles IU.

Here it is in a nutshell if you dont file VA TDIU Form 21-8940 the VA will administratively deny your VA TDIU claim.