I am just wondering if I can get this now I am hurt all over.knee shoulder both wrist and back all army documented. I cut grass and welded before I joined the army as a fueler. So hard labor is all I know with no college.
can I get I/U med board
- Thread starter haley08
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Generally if you are at 70% and higher through the VA, then you can apply for IU, have you applied for SSDI yet?
I worked nothing but construction until the construction industry collapsed in 1979. I ended up as a clerk typist in the Government. I was a high school drop out with a GED. I retired in 2011 as a GS-13.
Does your disability preclude you from working an office job?
Does your disability preclude you from working an office job?
Sounds like you're a shu-in for IU . . .
But my question is can I be awarded that before leaving the army? I am confused about the time line. Do I have to wait till I'm out to apply or can I get it like my ratings before I get out? Thanks for taking the time to talk with me to sir this site is taking the fears I had away slowly but surely. Education is a powerful thing.
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I don't see why not. The pay is tied to your active duty status, but I can't see why you can't get the rating. Anyone know for sure??
I am very proud of you!! That is an awesome life lesson!!
Individual unemployability, even though you are rated at less than 100%, with a rating of IU you'll be paid as if you were 100% disabled.
After I retired I became a peer recovery coach and state care coordinator. I work with alcoholics, addicts, and people with mental diagnoses. I help them to build a new and better life.
Here is some info:
http://benefits.va.gov/BENEFITS/factsheets/serviceconnected/IU.PDF
http://benefits.va.gov/BENEFITS/factsheets.asp
38 CFR §4.16 Total disability ratings for compensation based on unemployability of the individual.
(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: 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 veterans 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 veterans service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.
So in effect if the Service Member is AD, then no, they have to wait until the day after separation to apply for I/U.
Depending grizz, technically according to SS as you know, the military is considered sheltered employment, so would not preclude receipt of IU payments, however the point is moot, since you cannot be awarded your VA percentages or any payments while on active duty I.E. not a veteran. I do believe that a proactive MSC upon receipt of proposed ratings on an individual basis could initiate a claim to coincide with the initial claim during the IDES process, but that would constitute work and then it would become "popular"/"widely known" and as ashamed as I am to think it true, there would be a drastic increase in IU claims for members separating under IDES/BDD.
I would say NO, you can't get award TDIU or IU (same thing, TDIU is the proper way to refer to it) while on AD. My reasoning would be that the VA would give a preliminary finding for the IDES. I believe it still takes a couple of months to get the final decision after you are out. The VA is suppose to look at your findings and then make a decision on the TDIU or IU if it is within the guidelines and they feel it is appropriate. I would not count on this happening or being approved at first unless your doctors are willing to make statements that you are unable to work full time/gainfully employed. There are others who are 90% and only working part time and been denied.
I'm no expert on the IDES, so correct me if I'm wrong.
I'm no expert on the IDES, so correct me if I'm wrong.
I am referring to the VA I/U and TDIU, the references pertain to that only which I assumed that they were asking.