IU conditions vs 100% rating?
- Thread starter AmyGallay
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Well, a DoVA Individual Unemployability (IU) increased status and a DoVA 100% rating offer different DoVA disability benefits, but paid at the same rate of 100%.
As referenced on VA Form 21-8940 (Veteran's Application for Increased Compensation Based on Unemployability), "This is a claim for compensation benefits based on unemployability. When you complete this form you are claiming total disability because of a service-connected disability(ies) which has/have prevented you from securing or following any substantially gainful occupation."
To that extent, it also states that "I understand that if I am granted service-connected total disability benefits based on my unemployability, I must immediately inform VA if I return to work. I also understand that total disability benefits paid to me after I begin work may be considered an overpayment requiring repayment to VA."
Bottom line is that a military veteran with a DoVA 100% schedular rating is still capable to "secure or follow any substantially gainful occupation" but a military veteran awarded a DoVA IU increased rating can not "secure or follow any substantially gainful occupation" if they want to maintain a DoVA IU status.
With that all said, please carefully consider all options prior to officially submitting an application for DoVA IU increased rating for total disability compensation. In my opinion, the key question to ask yourself is "can you work as based upon your current service-connected disabilities?"
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."
Best Wishes!
My C&P doctor stated 4 of my conditions affected my ability to work greatly. I may qualify for IU if the 4 conditions rate at 70%. But I also may have 100% from the VA. Will I be placed on IU automatically based on what the doctor wrote? Or if I have 100% VA rating, will they not ad IU since I don't need it for a rating change.
From what I was informed by DoVA representatives is that a military veteran has to apply for a DoVA IU increased rating via VA Form 21-8940 (Veteran's Application for Increased Compensation Based on Unemployability) unless the military veteran was awarded a DoVA 100% P&T rating.
To that extent, IU is not automatic as referenced above in my opinion. That said, please remember that a DoVA 100% schedular rating is not the same as a DoVA IU increased rating.
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."
Best Wishes!
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Indeed, you may qualify for DoVA IU increased rating if a DoVA 70% or greater rating is evaluated from a percentage viewpoint.
Now, if you receive a DoVA 100% schedular rating, a DoVA IU increased rating is not automatic; you will have to submit a VA Form 21-8940 (Veteran's Application for Increased Compensation Based on Unemployability) for applicable evaluation and adjudication.
Otherwise, if the medical evidence within your Service Treatment Record (STR) is supportive of a DoVA 100% P&T rating, then you shall receive the same benefits as a DoVA IU increased rating for total disability compensation benefits.
Again, please remember that a DoVA 100% schedular rating is not the same as a DoVA IU increased rating.
Case-in-point! I was awarded a DoVA 100% proposed rating but not a DoVA 100% P&T proposed rating nor a DoVA IU increased rating. During my submission of a VARR request, I officially asked for a DoD IDES case file review for increased DoVA compensation for service-connected total disability benefits as based on my unemployability as validated by the SSA Disability Determination and Transmittal (Form SSA-831-C3), and the Notice of Award for SSA SSDI. Upon receipt of my VARR request results last month, the DoVA D-RAS RVSR stated "do not defer IU per VBA Ltr 20-13-07" in essence I was successful with my request only at this point in time while still on active duty versus submitting the VA Form 21-8940 when I become an official military veteran upon my forthcoming military disability retirement.
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."
Best Wishes!
To help you out with a shorter response! IU has to be applied for if you feel you qualify for it and get a rating less than 100%
With that being said it would be in your best interest to get that same doctor to note what he told you about your conditions preventing you from working!
Also understand that if your gonna try in fight for IU, Voc Rehab might not be in your best interest right now since in the end its really used to set you up for gainful employment! The Independent Living a Program side of Voc Rehab maybe a better option if YOU feel your condition prevent you from working
With that being said it would be in your best interest to get that same doctor to note what he told you about your conditions preventing you from working!
Also understand that if your gonna try in fight for IU, Voc Rehab might not be in your best interest right now since in the end its really used to set you up for gainful employment! The Independent Living a Program side of Voc Rehab maybe a better option if YOU feel your condition prevent you from working
Thank you!
My C&P doctor did do a good job annotating which conditions affect my work and how it affects it. So I guess right now I wait for my VA rating and if it's 100% I do not need to apply for IU.
I was just confused because since the doctor wrote 4 conditions affect my work, I thought the VA would automatically put you on IU if the 4 conditions hit 70% and since the doctor wrote it up. I didn't know that IU was by application only.
Thanks alot for the info!
IU can also be inferred by the VA, But what I am wondering is does DOD have anything
equivalent to what VA calls IU?
And if someone receives IU from VA, will DOD recognize your IU and pay you the same as VA does for IU, and how does that work?
1st time poster so forgive me if it sound crazy, Respectfully yours, Thanks for your service
Ret. SSG. Lawrence
90% SC
OPM 2007
SSDI 2009
IU Pending
ARBCMR- MED-RET Pending
equivalent to what VA calls IU?
And if someone receives IU from VA, will DOD recognize your IU and pay you the same as VA does for IU, and how does that work?
1st time poster so forgive me if it sound crazy, Respectfully yours, Thanks for your service
Ret. SSG. Lawrence
90% SC
OPM 2007
SSDI 2009
IU Pending
ARBCMR- MED-RET Pending
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You cannot hit 100% Dod pay for disability retirement if you did not complete 20 or more.(well technically you can, but it will reflect as 75%) There is a 75% cap for those with less than 20 years.
Did you accomplish 20 yrs or more? If not, you will get the higher of the two. The VA will off set you Dod pay if your Dod pay is higher.
Dod med retirement is based on the conditions that prevented you from doing your job, mission, deployability. Va is Rated on Every condition that was service related. So the VA is normally higher, because you will also be rated on conditions that are service connected and was not in your MEB.
Does that make sense?
I have 5.03 active and the rest reserve time 21.1 years total. Thanks Be Blessed, SSG Lawrence
Amy,
They should not grant 100% schedular and IU. If you file an IU claim, assuming you reach 100% schedular, they will defer to 100% schedular and disregard the IU application. If, however, you fail to reach 100% schedular they will review your IU application. They would then deny or approve your IU application.
As noted above IU can also be inferred by the VA. It does not always have to be applied for.
They should not grant 100% schedular and IU. If you file an IU claim, assuming you reach 100% schedular, they will defer to 100% schedular and disregard the IU application. If, however, you fail to reach 100% schedular they will review your IU application. They would then deny or approve your IU application.
As noted above IU can also be inferred by the VA. It does not always have to be applied for.
Yes, you can argue for IU at the PEB based on 38CFR Book C 4.16.
It appears not awarded often, but can be asked for. DoD compensation would still be capped at 75% (max).
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If granted a 100% schedular rating, you cannot get IU (which is an exception for those cases rated at less than 100% schedular but otherwise qualify).
Yes they can. If you hit 100% schedular they will not.
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The other important issue is that if it is suggested reasonably by the facts of your case (i.e., there is a note/comment/piece of evidence in your file suggesting that you do not or cannot work) then the VA should (and it is appealable if they do not) consider you for IU (unless, of course, you hit 100% schedular).
I am working part time, but only 14 hours a week hostessing.
She wrote:
Cervical conditions- She works part time as a hostess at a resturant. Chronic neck pain and muscle spasms in neck, right arm paresthesis impair her ability to work as hostess. She also complains of frequent dizzy episodes that are related to her neck pain. She reports inability to focus as a side effect of her pain medications.
Fibro- Her muscle weakness and fatigue impair her ability to work as a hostess.
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Part time work is not disqualifying- the test is whether you are engaged in "substantially gainful activity" (which, generally, is measured by the Federal poverty level for your locale).
By itself, I think it is arguable that they should consider IU for your case. If they do not, it is something you can appeal on.