Va Iu Inferred

Individual Unemployability IU allows a veteran to receive compensation at a 100 disability rate even though their service connected disabilities are not actually rated at 100. IU - Individual Unemployability Inferred TDIU. Who Is Eligible for Individual Unemployability.

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Shouldnt TDIU have been inferred in my award letter.

Va iu inferred. No control is maintained and if you fail to respond no further action is taken. Entitlement to individual unemployability. I am 70 SC for PTSD and 20 SC Back condition as of March 31st this year. Can I file NOD stating that this should have been an inferred claim.

The thinking was that if the person could not work simply assign a 100 percent instead of IU. At one point in time VA decision makers essentially stopped granting IU to veterans whos only service connected condition was a mental condition evaluated at 70 percent. Also the 100 percent rating can be for Total Disability based on Individual Unemployability TDIU instead of a schedular rating. IU is not a separate claim for benefits.

Was there any statement by a doctor in the. Overview of VA Individual Unemployability TDIU Total disability based on individual unemployability TDIU is a disability benefit that allows veterans to be compensated at VAs 100 percent disability rate even if their combined schedular rating does not equal 100 percent. VA Individual Unemployability if you cant work. Instead think of IU as a part of a claim or as an inferred claim for increase.

When the above criteria are met AND either you or the doc says suggests or otherwise infers in some way that this status of being unemployed is due to the service connected conditions VA is required to infer the issue of IU. The issue of whether or not you are entitled to Individual Unemployability is deferred for the following. This is not an inferred issue of IU. TDIU most commonly comes into play when your service-connected disabilities prevent you from engaging in substantially gainful activity.

I currently have a claim for increase in for those conditions. But note if a veteran wants to use a TDIU rating to get SMCs. Note that the VA has a tendency to misinterpret SMC to require housebound status under the first set of requirements but that is an incorrect standard. Sometimes it can be nothing more than a miscommunication of information.

When IU is inferred it should in no way be interpreted to mean that anyone at VA thinks that you are entitled to this benefit. 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. Should the VA have inferred my claim was automatically IU without asking for it. There are certain things that require VA to infer IU even when there is little if any chance of IU actually being granted.

All the info that I was disability retired was there by my Doctors and the CP Doctor. An inferred claim is one not specifically identified by a claimant but supported by the evidence. Once a claim is received VA has a duty to review the claim and the C-file supporting documents and oral testimony in a liberal manner to identify and adjudicate all reasonably raised claims even if a specific claim is not raised by the appellant. VA Form 21-8940 The schedular requirements for Individual Unemployability are met per this rating decision and the evidence of record shows that you are currently unemployed.

Post Dec 11 2010 2 2010-12-11T1747. In order for VA to infer the issue of IU you first must meet the schedular requirements under 416 AND there must be something of record that shows youre unable to secure and maintain any type occupation due to your 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. Individual Unemployability IU is a unique part of VAs disability compensation program.

The road to receiving compensation for IU involves two steps. You must be a Veteran. TDIU is a part of VAs disability compensation program that allows VA to pay certain Veterans compensation at the 100 rate even though VA has not rated their service-connected disabilities at the 100 level. Sleep Apnea was apparent but it took time to prove SC.

This means you may be able to get disability compensation or benefits at the same level as a Veteran who has a 100 disability rating.