Disabled Veterans Sample FOIA Letter. Is out possible to be rated 100% Permanent and Total AND Individually Unemployable? So with my NOD, I provided a private drs opinion stating my depression is a symptom of my PTSD and I am unable to obtain or maintain gainful employment and that my sc disabilities cause total and social occupation. VA only considers service-connected disabilities when considering entitlement to IU, and those disabilities must be the reason the Veteran can no longer be gainfully employed. She does not receive it, and if they say they are giving it to me, will im not getting nothing but 300.00 are so myself. Matthew, in order to qualify for IU, you must have one of the following: For more information concerning this benefit, please contact the U.S. Department of . 10% tinnitus, 20% chronic back pain and 50% for left ventricle dysfunction and bradycardia. I dont understand. i had a FAILED spinal fusion surgery in 2013. Sample Letter for VA Unemployability First Sample: Edward J. Fuston February 12, 2002 Letter for va Benefits Sought 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. HEARD SCUTTLEBUTT THAT THE APPEALS PROCESS IS PROJECTED TO TAKE 5 YEARS NOW! I am rated at 70% ptsd unemployable and 10% foot injury but I get paid at the 100% rate. If using the WHODAS, use the complex method that breaks down the deficit by domain. Im 70% combined disabled. Unlike this last time where it obviously failed me. I am sick about this whole nightmare. Why is it so difficult to get someone to realize my asthma is more severe that initially rated? A separate notice letter for a TDIU evaluation is no longer required. Thank you. 4.16(a). Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 If anything, hes trying to keep him from getting it. I also struggle through pollen season. I was wondering if you could give me some assistance. VA is increasing compensation payment rates based on the latest cost-of-living adjustment (COLA) announcement. 1 hours ago Individual Unemployability . Lets use a hypothetical situation. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 Be sure to put your credentials at the bottom with your signature to avoid any confusion. DOMINIQUE, I HAVE BEEN FIGHTING A CLAIM FOR OVER 7 YEARS. I am writing this letter to request a medical nexus opinion regarding her back condition. just denied my increase for IHD which is getting worse. 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. Part of my goal was to make it as easy as possible for my Psychiatrist to help me secure this letter. Jack, a poverty-level, yearly wage for an individual over the age of 65, according to the U.S. Census Bureau, is $11,354. The site is secure. The Veterans Benefits Administration (VBA), Outreach, Transition and Economic Development (OTED) will host a three-hour virtual symposium on The Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act possibly the biggest expansion of Veterans benefits in history from 1-4 p.m. Remember that this letter may change the veterans life in a very real way. Been trying to get UI since 2010-. Im in the appeal process as I type this. I would really like your advice on somebody that can really look at my claim and look at the facts that are in there and make a objectional decision rather than an opinionated decision, just because the Examiner has a chip on her shoulder against me. As a VA claims processor, Veterans often ask me about Individual Unemployability (IU), also called Total Disability based on Individual Unemployability (TDIU). Overview of Changes VA will no longer presume a claim for TDIU is a claim for increase in all service-connected disabilities. 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. However, your brothers advice to speak to a service rep is spot on. THEY SAID THAT THE DOCTORS HAD NOT PUT A FORMAL DIAGNOSIS OF ILLNESSES IN MY RECORDS AND WERE GOING THO DENY MY CLAIM AGAIN. I filed a NOD in 2013 bc I was denied IU. Finally, the last thing to do is sign the letter. While serving in the Navy, Ms. Smith fell down a flight of stairs during a sexual assault. How is the way VA decides total disability different from other agencies? Basically, my VA Doctors Notes and my 4 C&P exams already paint a very accurate picture of the troubles that Im having. I eventually was given a pulmonary function test- with only additional inhalers and albuterol for my nebulizer as the result. If you click a merchant link and buy a product or service on their website, we may be paid a fee by the merchant. Here is a sample of the first two pages of my application for disability compensation to the Dept of Veterans Affairs. For feature and outage events, refer to the Outage Calendar link at the bottom of the page. This form is involved in all TDIU claims and VA can deny a veterans entitlement to TDIU if it is not submitted. 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%. He gets a monthly benefit check. I have to limit my time doing anything visual, especially reading a computer screen or newspaper, else I will trigger headaches and sometimes migraine. Randall, I am sorry to hear. Hearing loss due to noise exposure or sudden pressure changes . 4.16(a). I am 90 % right now for: PTSD 50 %, INTER-VERTEBRAL DISC SYNDROME 40 %, INJURY OF THE BLADDER 40 % MIGRAINE HEADACHES 30 %, LIMITED MOTION OF ANKLE 20%, PARALYSIS OF SCIATIC NERVE representative that the money she was getting was not enough so dont worry about it. I also hope you are working with our medical centers or Vet Centers to receive medical treatment. 2) a 70-percent combined disability evaluation based on multiple service-connected disabilities, with at least one disability rated at 40 percent or more. 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! I was told my a V.A. Back pay is the money you should have been receiving while you were waiting on the VA to approve or deny your claim. Since, based on the information you provided, it does not appear that you meet the eligibility requirements for IU based on your service-connected disability percentage of 40-percent. Updated: March 30, 2016. He receives his SSA which is very little. And was recently denied IU in Florida due to an examiners interprtations of my neurologic damage post surgically. Why? I took that information and those records to a compensation and pension appeal appointment in 2014. Confused. Dear Dr. Jones: I represent Ms. Smith in her claim for veteran disability benefits. The display of third-party trademarks and trade names on this site does not necessarily indicate any affiliation or endorsement of daily-catalog.com. I also receive SSD for a surgery that I had on my neck (that the doctor botched and no doctors can fix in 2003) and applied for IU in 2013. I was getting this for me and my wife, in Nov.2010 she started getting SSI & SSD. Individual Unemployability is a part of VA's disability compensation program that allows VA to pay certain Veterans disability compensation at the 100% rate, even though VA has not rated their service-connected disabilities at the total level. i HAD AN ABDOMINAL AORTIC ANEURYSM RUPTURE which caused a lot of problems all over. You mention the max income that can be earned by someone 65 or younger. We are not responsible for any result or action following the use of these letters on a real claim. Aaron, without getting into PII, the best advice we can give is to re-read your decision letter. A formal offer of employment will allow you to make an official job offer to a person you want to hire for your business. See . We advocate for the disabled. These letters are provided as is. First Sample: Edward J. Fuston. SAMPLE. I also provided documentation that my husband is now my primary caretaker through the VAMC, and up to date records that my service connected disabilities continue to render me unable to obtain any gainful employment or occupation. 10% 1 knee.20% lower back.20 % left shoulder. Please call for an appointment before visiting: Mail Processing Center: P.O. Diagnosed with obstructive sleep apnea not service connected yet, HBP and Supra Ventricular Tachycardia. but not the info covered in 38 CFR 4.16(b. Lock They say they are giving my wife 200.00 or so a month but where is it going. I need the exact steps. We are the disability experts. I have spoken to several DROs I use to work with and everyone has said its an easy overturn to grant IU. 203, San Jose, CA 95134 In November of 2014, I had another severe asthma attack and was treated in the emergency room at Bay Pines. I suffer severe hearing loss and foot neuropathy, which prevents me from driving long distances for job interviews or work commutes. 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. She was still able to work until last year when she began to get chest pain when doing anything physical, like walking or lifting boxes. Be sure to note the veterans GAF or WHODAS score (the VA and the DSM-5 now recommends WHODAS, though GAF still seems to be commonly used.). In the meantime, you can find more info on what is available to your brother here: http://www.benefits.va.gov/persona/veteran-incarcerated.asp. Sect. In order to qualify for IU, you must have one of the following: 1) a 60-percent or more disability evaluation based on a single service-connected disability or. Jeff. Focus on social and occupational impairments if possible. I WAS IN VIET NAM IN 1970, 1971, 1972, 1973, 1974, 1975. What if your Social Security disability was granted for Service connected and non Service connected and your Service connected has now worsened more than the original SSDI award, as so severe to cause secondary Service connected health issues? Say a Veteran claims he cant work and doesnt understand why he isnt getting IU. This page is provided as is and does not represent any outcome or result. I put "see attached statement in that box. 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. Smiths sleep disturbances are secondary to his Parkinsons Disease.), If possible explain how those symptoms are consistent with the veterans diagnosis. I will be filing my paperwork for IU tomorrow but Im having trouble finding out what happens AFTER IU is approved. A letter from your doctor to the VA in support of your claim can do wonders in regards to moving your case along. 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