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View Full Version : Something You Need To Know About Iu (individual Un-employability) Important!!!!



Rocky
29-10-06, 14:36
VETERANS’ DISABILITY BENEFITS
VA Should Improve Its Management of Individual Unemployability Benefits by Strengthening Criteria, Guidance, and Procedures

Why GAO did this study
As part of its Disability Compensation program, the Department of Veterans Affairs (VA) provides Individual Unemployability (IU) benefits to veterans of any age who are unemployable because of service-connected disabilities. Over the last decade, the number of IU beneficiaries and benefit costs have more than tripled. In 2005, about 220,000 veterans received an estimated $3.1 billion in IU benefits. In response to a congressional request, GAO assessed VA’s management of IU benefits. This report (1) examines the added value of IU benefits for veterans of selected ages and disability ratings, (2) assesses the criteria, guidance, and procedures used for initial decision making, (3) assesses VA’s ongoing eligibility enforcement procedures, and (4) compares VA’s decision-making and enforcement procedures with those used by other disability programs.

What GAO found
Under VA’s disability compensation program, VA can award IU benefits (that is, total disability compensation) to veterans of any age who cannot work because of service-connected disabilities even though VA did not rate their impairments at the total disability level. The added value of IU benefits over a veteran’s lifetime depends upon the veteran’s level of impairment at the time he or she begins receiving IU benefits and the length of time these benefits are received. To illustrate the potential amount of IU benefits that could be received, GAO estimated the lifetime present value of the added benefits in disability compensation for veterans with different impairment levels who began receipt of IU benefits in 2005 at different ages. GAO found that the lifetime present value of these benefits can range from:
• about $300,000 to over $460,000 for veterans age 20 in 2005, and
• about $89,000 to about $142,000 for veterans age 75 in 2005.
GAO also found that just under half (46 percent) of new IU beneficiaries was awarded IU benefits at the age of 60 or older, and 19 percent were age 75 or older.
VA’s criteria, guidance, and procedures for awarding IU benefits do not ensure that its IU decisions are well supported. VA regulations and guidelines lack key criteria and guidance that are needed to determine unemployability. VA guidelines also do not give rating specialists the procedures to obtain the employment history and vocational assessments needed to support IU decisions. As a result, some VA staff told us that IU benefits have been granted to some veterans with employment potential.
In addition, VA’s process for ensuring the ongoing eligibility of IU beneficiaries is inefficient and ineffective. This enforcement process relies on old data, outdated, time-consuming manual procedures, insufficient guidance, and weak eligibility criteria. Moreover, the agency does not track and review its enforcement activities to better ensure their effectiveness.
VA is among the federal disability programs GAO has identified as high risk and in need of modernization, in part, because it is poorly positioned to provide meaningful and timely support to help veterans with disabilities return to work. Specifically, VA’s compensation program does not reflect the current state of science, technology, medicine, and the labor market. VA’s management of IU benefits exemplifies these problems because its practices lag behind those of other disability programs. Approaches from other disability programs demonstrate the importance of providing return-to-work services and using vocational expertise to assess the claimant’s condition and provide the appropriate services. Incorporating return-to-work practices in IU decision making could help VA modernize its disability program to enable veterans to realize their full potential without jeopardizing the availability of benefits for veterans who cannot work.

What GAO recommends
GAO recommends that VA should clarify and strengthen its IU eligibility criteria, guidance, and procedures for initial and ongoing eligibility decisions; and develop a return-to-work strategy for IU claimants. VA agreed with our conclusions and concurred with our recommendations, and stated that it has implemented and plans to implement program changes in areas that we identified as needing attention. :eek:

TankBuster
30-10-06, 14:06
Jeeze, i wonder if americas ever going to repay our veterans, god almighty knows they Desevere more than they get

RUIZ
27-12-06, 20:40
[If iam a vet with a 50% disability for a mental condition.Also i received soc sec for the same condition,is there any way that i can applied for unemploability with the va.or i have rated more than 50 to applied for it.

Rocky
27-12-06, 23:58
§4.16 Total disability ratings for compensation based on unemployability of the individual.[/FONT]

(a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: [I]Provided, That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability:

(1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable,

(2) Disabilities resulting from common etiology or a single accident,

(3) Disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric,

(4) Multiple injuries incurred in action, or

(5) Multiple disabilities incurred as a prisoner of war.

It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran’s earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination. (Authority: 38 U.S.C. 501(a))

(b) 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. 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. The rating board will include a full statement as to the veteran’s service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

[40 FR 42535, Sept. 15, 1975, as amended at 54 FR 4281, Jan. 30, 1989; 55 FR 31580, Aug. 3, 1990; 58 FR 39664, July 26, 1993; 61 FR 52700, Oct. 8, 1996]

As you can see your disability rating needs to be at at least 60% for a single disability, therefore, if you have 50% for a mental condition, say for PTSD, then you will need an additional disability rating to put you with a combined rating of 70% with a single disability being at 40% or higher. If you can appeal your 50% and get it raised to 60 % that would do it, other wise you will need additional disabilities to get you over 70%. If you have Tinnitus or hearing loss or any physical disability that would do it. If I can help you with acquiring additional disabilities please let me know.

GruntDaddy
12-07-09, 23:42
Next rating up for mental disorder would be 70%.

If you feel your condition has become worse then apply for increase first before IU.

Billy

murphygjp
23-09-09, 06:29
Can anyone tell me what disabilities resulted from a common etiology or single accident means and multiple injuries incurred in action. I have 70% rating.
diabetes mellitus 10% residuals of gsw left middle and index fingers 20% residual sfw of left foot 20% b/l yes ptsd 30% numbness, left foot 10% b/l yes
scars,right thigh 10% b/l yes scars left thigh 10% b/l yes.
I'm unemployed and as you can see i don't have a 40% disability but i had
multiple injuries incurred in action "booby trap" also can the b/l be added up
I took the above info from approval letter for crsc.

happycamper
11-05-10, 14:12
ruiz. as you saw from par 4.16b even if you do not meet the extra-schedular rating for IU which is covered under par 4.16a you can still apply for the extra-schedular rating of 100% by completing a DVA Form statment of claim 21-4138 addressed to Director, Compensation and Pension. List the extraordinary reasons why you quailify for the extra-schedular 100% rating with a single compensation rating of 50%. These is a comprehensive website for extra-schedular rating http://www.individualunemployability.com/?page_id=66 particulalry the TIPS section when followed will insure a high degree of success for claim. rocky posted the law and then interpreted it for you erroniously. 4.16b has been in place for five years yet it is still discounted or ignored.