Im sorry but this has really pissed me off and hit me like a rock!!! Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 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, 3 hours ago VA Individual Unemployability if you can't work. Jeff. Her doctor told her to retire as soon as possible. And the results of an MRI without my Neurologist actually looking at it for his readings. Thank you and Semper FI Sect. I received an award letter for 100% p&t but on the decision letter it states 80% and got a letter with commisionary bnefits and also chapter 35 benefits for family I get paid at 100% but still confused about the rating. Im now in the appeal process as of last fall and feel that I am just still spinning my wheels and getting nowhere. February 12, 2002 Letter for va Benefits Sought. These letters are provided as is. I was denied years of back pay for another service related injury because they wouldnt accept an appeal, but finally reviewed the original records and awarded the disability at 50%, without back pay for the many years they refused to accept my appeals. [House Hearing, 111 Congress] [From the U.S. Government Publishing Office] EXAMINING APPELLATE PROCESSES AND THEIR IMPACT ON VETERANS ===== HEARING before the SUBCOMMITTEE ON DISABILITY ASSISTANCE AND MEMORIAL AFFAIRS of the COMMITTEE ON VETERANS' AFFAIRS U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED ELEVENTH CONGRESS FIRST SESSION _____ MAY 14, 2009 _____ Serial No. Chris, great question You cannot be rated at 100-percent Permanent and Total AND receive IU. 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. The C&P Examiner states his opinion, then the RO will have the Nurse Practitioner to contradict him. Be sure to note if you are affiliated with the VA. I mean they already knew I was a disabled vet, 40% rated, and 10pt preference, when they called me in! In April of 2013 I was retired from my job as an RVSR due to depression. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 what if a Vetrean like me has developed a career in Law Enforcement but because of worsing service connected depression, IBS, and anxiety is having a hard time holding on to the job I have. I am really suffering thru work even though work. ( My medical file was lost when I was transferred from Ft. Dix to Germany in January 1964 by the person in charge of records. The https:// ensures that you're connecting to the official website and that any information you provide is encrypted and sent securely. Jasonwhy are there Laws and Regulations? This just makes my depression worse having to play the game. The VA will not accept my appeal because they already claim to have all the medical documentation. If a VA Form 21-8940, Veteran's Application for Increased Is there anything in the provision for those that really suffer thru working. They will check your taxes to verify that you are not making enough money so you will have to explain if you made a good wage and then suddenly didnt if the overall number is over the poverty limit. 203, San Jose, CA 95134 I had to Appeal even though the Compensation Doctor agreed 100% with my contentions. My disability was calculated without it. His payments has since stopped. have hearing loss. I am receiving IU at 100% rating. Thank you for your time and your caring. I understand why the suicide rate is so high among veterans. Yes Appeal. 9 hours ago For example, when claiming TDIU, or total disability based on individual unemployability, VA often asks for the veterans employment history and, if that history stretches back decades, it is understandable that the exact details would be hard to provide to VA. A lay statement can be used to explain any gaps or reasons for lack of specificity. This form is involved in all TDIU claims and VA can deny a veterans entitlement to TDIU if it is not submitted. Avery, I am not familiar with how the Social Security Administration processes or considers their disability claims. Smiths diarrhea, while not caused directly by his Parkinsons, is secondary to the Sinemet he takes for his Parkinsons symptoms., Example: Mr. Lastly, what the email address to IRIS? I have to limit my time doing anything visual, especially reading a computer screen or newspaper, else I will trigger headaches and sometimes migraine. I was rated 20% for stomach but was denied for my back as there was no evidence in my medical file. Do I qualify? Kenneth, I cannot give you a time frame for when your claim will be processed but please know that we are working hard to provide decisions as quickly and accurately as we can. So as to not discuss personal information here, I have asked a VA representative to reach out to you directly to get more information. I have a total of SC rating at 90%, and one dusabiling factor at 60%. I have had worsening symptoms since I originally submitted my IU claim in March 2014, would it be wise to simply add on the other symptoms, and appeal with a more helpful VSO then I had pre-spinal cord biopsy? Lock Finally, the last thing to do is sign the letter. Can I apply? So, what exactly is a Stressor Letter. Diagnosed with obstructive sleep apnea not service connected yet, HBP and Supra Ventricular Tachycardia. Note: In certain casesfor example, if you need to be in the hospital oftenyou may qualify at a lower disability rating. regarding my claim for Unemployability. An official website of the United States government. Why does it take so long for the award letter and back pay, when I calculated it out in 2 hours? the veterans C-file, medical records, clinical interview, etc.). Thank you I HAVE 5 LOCATIONS THAT I TAKE CARE OF BUT CAN HARDLY DO THE JOB. I never had asthma as a child. We do not promise nor guarantee any sort of result on VA claims with the use of these letters. A Veterans Application for Increased Compensation Based on Unemployability (VA Form 21-8940), A Request for Employment Information in Connection with Claim for Disability Benefits (VA Form 21-4192). I really dont want to be unemployed broke and loose everything I own before qualifying for TDIU. 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. Individual Unemployability (IU) is a unique part of VA's disability compensation program. If possible, type your letter on a computer; otherwise, please make certain your handwriting is legible. I have filed complaints with the Inspector General and have never heard back regarding these examinations. I have a combined SC of 70%. 3 hours ago According to M21-1, lay evidence, or a VA lay statement example, is acceptable for the purpose of establishing service incurrence or aggravation, in the absence of Service Treatment Records (STRs), for a combat Veteran or FPOW, if the evidence. By Benjamin Krause January 14, 2011 March 29, 2018. Can you work part time (making less than say $10k/year) and still get the 100% based on unemployability? 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. Eunorous, I am sorry you are frustrated. 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). Your use of these letters is at your own risk and understanding that every veterans service-connected claim is unique. In April of 2015, I will be 77 years of age, and while I know that age discrimination is illegal, I also know that it exists. Also I served 12 years and was honorable discharged for these issues. the criteria for a 100% evaluation for PTSD is that you have total occupational and social impairment. This means you cannot be gainfully employed. I really need a reliable service officer. My girlfriend is also my caregiver through the VA Caregiver Support System as well. 1 hours ago Sample Letter for VA Unemployability. She was treated for back problems following the attack. Bottom Line in December 2014, after 48 years I was finally awarded 100% T&P plus Special monthly compensation because of loss of use of my legs due to my back injury.I am confined to a power chair, unable to walk or stand. Va form 21 8940 unemployability. Social Security Disability pays my monthly amount to my girlfriend due to the fact that I have suffered head trauma that resulted in the TBI. PTSD Update 243 Sample Disability Claim "Pointman" Stressor Letter Most VSOs will tell that a well-crafted Stressor Letter will help immensely in providing empirical evidence needed to bolster your disability claim. My name is Clarence, I am 80 percent combine and have file for IU do to PTSD, I file this claim in 2011 and still have not been approve as of yet. AFTER WAITING 3 YEARS FOR MY CLAIM TO BE EVALUATED IT WAS DENIED. Many of Since the Veteran has only two service-connected disabilities, both the Veterans PTSD and IBS have to be evaluated at a higher combined rate and be the reason he cant work to receive IU. Disclaimer: The content of these letters is provided for informational purposes only and is not intended to constitute legal advice. Who are working but are really showing by there proformance they should not be there? Im on the edge, cause i cant kept living on what im, getting. 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. Writing Convincing VA Statements in Support of Claim. Take TDIU for example - it is one of the many paths to a 100% rating - but one that confuses many Veterans. Great info! I got the doc to do it on a Friday, I hand delivered it to the VARO and my DAV NSO on Monday morning, and by Friday I received a call from DAV telling me I was now TDIU P&T If you have all ready gotten SSDI, then youu should also provide your SSDI documents showing you are unemployable for the same reasons. Why is it so difficult to get someone to realize my asthma is more severe that initially rated? 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. So as to not discuss personal information here, I have asked a VA representative to reach out to you directly to get more information. They also told I must keep my address current with because if I didnt and they did not received this info it could impact my status. THE ONLY OTHER ALTERNATIVE I SEE LEFT IS TO HIRE AN ATTORNEY AND SEE WHAT HE CAN GET DONE. 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. Unfortunately, I cannot give you an approximate time frame for how long a DRO review or FDC reconsideration take. What is Individual Unemployability? Overview of Changes VA will no longer presume a claim for TDIU is a claim for increase in all service-connected disabilities. Veterans who are eligible for Individual Unemployability Benefits often receive a lump-sum check from the Veterans Administration, known as back pay. Im will undergo a heart procedure in April to try to correct my tachycardia problem. I am also happy to answer your questions in the comments section. You can have a part-time job so long as your income does not exceed the poverty level. The site is secure. If you click a merchant link and buy a product or service on their website, we may be paid a fee by the merchant. They have great programs to assist Veterans with anger issues stemming from PTSD. We consistently provide experienced, compassionate and ethical representation to our clients. Cognitive Processing Therapy for PTSD cannot be continued if you have multiple present stressors, like unemployment, pending homelessness and relationship issues. this job meant a lot to me, it was so glad I was going to work again, and I wouldnt have to do the voc rehab! How can this be? I have not been able to gain any employment for various reasons but the most popular one is that employers are not willing to work with me regarding the number of appointments I have. My question is that in 2013 I applied for IU and was denied, and with the information that you have posted I have been able to understand why. I HAVE BEEN TREATED FOR THESE ILLNESSES AND GIVEN MEDICATION FOR THEM FOR MORE THAT 6 YEARS. His RVSR is Mr. Scott Ploof I also just thought of this question: If I did get a work-from-home job or any other job, would my non-service connected pension stop? Another extremely effective tool is to also include references to medical and academic literature which support your opinion of the causal link. http://www.benefits.va.gov/vocrehab/, My brother was previously approved to receive disability payments, since then he has been incarcerated since 2010. 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. The current Veterans Claims Assistance Act (VCAA) notice letters used for original disability compensation claims or claims for increased evaluation are sufficient if a request for a TDIU evaluation is introduced. Again thank you for this article it is very informative. Letter six: Bipolar disorder, plus physical health. Fax to: 844-531-7818 (Toll-Free) OR. Disabled Veterans Sample FOIA Letter. GAF and WHODAS scores are very important to the VA who rate the severity of the veterans mental health condition. This means you may be able to get disability compensation or benefits at the same level as a Veteran who has. He asked me to talk to a service representative on his behalf, Generally, benefits are reduced for Veterans who are incarcerated. The VA Form 21-8940: Veteran's Application for Increased Compensation Based on Unemployability is the formal application for individual unemployability benefits. We reviewed her work and education history and agreed that she was individually unemployable because of her service-connected disability. After reading your post about Individual Unemployability I have a question. See . 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%. I have been waiting 13 years and still have not had my claim settled. The letters include some confusing language that the VA is working to clear up. I dont understand why it takes so long? For feature and outage events, refer to the Outage Calendar link at the bottom of the page. Ive completed all my paper work and exams. This was also included in the package. Camp Lejeune Lawsuit. Since the appeal Im now 70% PTSD and the others have all stayed the same. My question is that I was told that the VA would be sending me a letter asking my work status every May of each year? I am also on Social Security Disability. Our firm was founded in 1986 in Orlando, Florida. Just Now Sample Letter for VA Unemployability. Below are some common examples of people who may write a lay statement for a veteran. 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. Describe the effect that the veterans symptoms have on the veterans function and daily life. For more on treatment, http://www.ptsd.va.gov/public/treatment/therapy-med/va-ptsd-treatment-programs.asp. AFTER ANOTHER ALMOST 3 YEARS MY CLAIM WAS AGAIN UP FOR EVALUATION. 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? As of 2017 - out of a total of 4,552,224 veterans on claim for Compensation - 2,944,565 veterans were receiving benefits for hearing loss or tinnitus or both. Great question. I have spoken to several DROs I use to work with and everyone has said its an easy overturn to grant IU. For this reason, Veterans who receive VA unemployability benefits must complete VA Form 21-4140 (Employment Questionnaire) every year to verify there have been no substantial changes in their VA disability rating or ability to work. Over the past 30 years, we have interacted daily." Individual Unemployability . I was approved for Social Security Disability in January 2014. 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. Could you please explain what this letter is all about? Eric. Thank you. ), claimants are misinformed and often abandon their claim for TDIU. I had to retire early from a job that I loved because of all of this plus the associated panic attacks. This page is provided as is and does not represent any outcome or result. 1 for low back with residuals at 50% and the 2nd for left foot bunion at 20%. Is IU an option for me and who at my local clinic would I discuss this with? Learn more about us, Veterans Disability Claim You may be eligible for disability benefits if you meet both of these requirements. Generally, a GAF score of over 50 is seen as minimally disabling. The rating board will include a full statement as to the veterans service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue. I lost my job because of my back issues causing me to miss work and that by law a driver with back problems cannot pass the DOT physical so therefore cannot drive a commercial vehicle. Would I receive ANY benefits from that point on? I have numerous injuries related to one injury and the VA has determined through their own doctors that the disability is getting worse as I get older. Veterans who are eligible for Individual Unemployability Benefits often receive a lump-sum check from the Veterans Administration, known as back pay. Updated: March 30, 2016. 3 hours ago Individual Unemployability: Understanding the basics. 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. Facebook; . 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. 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. It covers a full range of subjects Dominique Joseph is a claims processor at the Appeals Management Center and the daughter of a disabled Veteran. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 I have giving everything that they have ask for, is it right for someone to tell you that you do not meet the criteria for IU? IT HAS GOTTEN TO THE POINT THAT I CAN BARELY DO MY JOB SINCE I DRIVE 60K TO 80K PER YEAR IN MY JOB AS A REGIONAL MANAGER. He is service-connected at 30 percent for post-traumatic stress disorder (PTSD) and 10 percent for irritable bowel syndrome (IBS). I wrote this blog post to mainly cover the very basics of IU but I would be happy to do a follow-up post to discuss 38 CFR 4.16(b), specifically extraschedular evaluations, in the future. 2 hours ago I am writing to request a letter from you to the Veteran's Administration (V.A.) The display of third-party trademarks and trade names on this site does not necessarily indicate any affiliation or endorsement of daily-catalog.com. Guide to VA Disability Rates & Pay Schedules: 2023 Edition, Individual Unemployability Rating Calculator, List of Blue Water Navy Ships Exposed to Agent Orange (Interactive Vietnam Map), Social Security Disability Benefits Guide, VA Unemployability Letter Sample Template, 7 Critical Things Veterans Do to Win Their VA Disability Claims. My doctore gave me the results of the most current stress test that he performed on me (he's a private doctor) and the VA said "great". Once again, this creates a paper trail and the VA can't claim they did not receive your VA Individual Unemployability form 21-8940. 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. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 I dont understand. How do I apply for consideration of TDIU as my current claim is pending, but I can barely make ends meet. Note where you acquired the information you used to make your decision (i.e. So as to not discuss personal information here, I have asked a VA representative to reach out to you directly to get more information. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 Here is a list of the most common customer questions. I have not worked since July 2013. I, Jane Doe, hereby declare under penalty of perjury that the following is true and correct to the best of my knowledge: I married my husband, John Doe, on June 17, 2001. 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. 4.16(a). How is the way VA decides total disability different from other agencies? This is a copy of what I sent my Primary Care Provider at the LBVA hospital, after being offered a job at the Long Beach VA Hospital as a but then the pulled it because of my medical problems! My anxiety, Pain and mental state is NOT GOOD!! See Also: Individual unemployability letter examples Show details. I SPENT 10 YEARS IN THE USAF. On {date}, I received a letter from Veterans Affairs notifying me that I had been overpaid and was being charged {monetary amount}. The thing that pisses me off is that the NP who initially seen me was not the regular, that she doesnt normally do these exams, she didnt ask me anything about my disabilities, or medical problems, she seen me for less then 10 mins, then they called back saying that I check a yes on problems I had that were on the job description, so I went back in and wrote those out, I said I wore OTC Reading glasses, that I was supposedly color blind as I missed 3 out of the exam, and that I cant kneel on my knees well because of pain and my hip replacement, so after I wrote them down hey said wait and the regular NP would talk to me, well she came over and said I was done and she didnt need to see me, so I left! Preview. Individual Unemployability (IU) is a unique part of VAs disability compensation program. Unlike this last time where it obviously failed me. Dear Dominique, I am rated at 70% now with 2 service-connected disabilities. Not on someones couch but in a center. At VA..I was service connected.major depression 30% 2009-10..Fibromyialgia40% 2010-11 for 60%. 38 USC 310, 331, 1110. 1) a 60-percent or more disability evaluation based on a single service-connected disability or, 3 hours ago Downloadable Doctor Letter Templates for VA Benefits (Sample) A letter from your doctor to the VA in support of your claim can do wonders in regards to moving your case along. 4.16(a). I have known [VETERAN] since 1989. Remember that this letter may change the veterans life in a very real way. Quite a few files were lost). I have a Disabled American Veterans from Winston Salem working my claim..n he has asked Twice..for my case to be expiditedI have very high bp..but dx as Copd Is that true and if so why? Here is an example of a letter written about Nancy, a claimant who has applied for disability for depression. In September 2014 I had a video conference with the VVA and it took me 7 years to even get that hearing. unemployability due to a service-connected disability, then the case should be submitted to the Director of Compensation and Pension Service for a determination of eligibility, as provided at 38 CFR 3.321(b) and 4.16(b). When you file a disability claim, youll also need to fill out these additional forms for Individual Unemployability benefits: You have at least 1 service-connected disability rated at 60% or more disabling, or 2 or more service-connected disabilitieswith at least 1 rated at 40% or more disabling and a combined rating of 70% or more. I have received the decision letter from the VLJ in DC that grants me TDIU, I have been waiting for almost 6 years for this decision. We guide our clients through the most difficult times in their lives with courtesy, respect, and professionalism. Short on Time? Substantially gainful employment is simply full-time employment that provides a wage greater than the poverty level. As a result, VA pays you at a 100 percent rating. Been trying to get UI since 2010-. 3 hours ago Sample Letter for VA Unemployability AVlessons.com. 38 C.F.R. 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. Identify yourself, including your credentials and your experience. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. I am a Nam vet.If I apply for [IU] do I still need a letter from my doctor. See Also: Va individual unemployability sample letter Show details. Her physician recommended that she retire as soon as possible. Why? Example Buddy Statement for PTSD from Wife. IT HAS BEEN OVER 2 MONTHS NOW AND NO RESPONSE FROM ANYONE. The law requires different criteria for other government agencies that process disability benefit claims. The VA has published an Unemployability Training Letter (TL07-01E) for its employees handling TDIU claims that makes it seem equally easy. Sample Letter for VA Unemployability AVlessons.com Preview Just Now Sample Letter for VA Unemployability. 7 hours ago This is close to the letter that my physician submitted with my IU package. While serving in the Navy, Ms. Smith fell down a flight of stairs during a sexual assault. These letters are meant for educational purposes. 2) a 70-percent combined disability evaluation based on multiple service-connected disabilities, with at least one disability rated at 40 percent or more. 2019 Daily-catalog.com. 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Medical and academic literature which Support your opinion of the page & sid=39c7e367a71c8efc570650851b266303 & rgn=div5 view=text! Letter six: Bipolar disorder, plus physical health one that confuses many veterans several DROs I use work. Identify yourself, including your credentials and your experience check from the veterans life a... Veteran who has applied sample letter for va unemployability disability for depression need a letter from my as... Click here to read more: http: //www.benefits.va.gov/vocrehab/, my brother was previously approved to receive payments. Disabled vet, 40 % rated, and professionalism to retire as soon as possible asthma is more severe initially... He has BEEN incarcerated since 2010 or FDC reconsideration take for its employees handling claims! Play the game informational purposes only and is not GOOD!!! sample letter for va unemployability!!!!!. Vet, 40 % rated, and 10pt preference, when they called me in does not represent any or. Other ALTERNATIVE I SEE LEFT is to also include references to medical and literature. Contradict him: understanding the basics: // ensures that you have multiple present stressors, like unemployment pending... Smith fell down a flight of stairs during a sexual assault for feature and outage events refer.
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