Without the veteran's specific written permission, only the VA, the veteran, and the veteran's representative or attorney will be able to read what you write. Yes Appeal. For more information concerning this benefit, please contact the U.S. Department of . How long does a Fully-Developed Reconsideration takes? Im a 90% SCd veteran. I have not held a job for years and I can not drive. If you could help me navigate some of this I would greatly appreciate it. We have met approximately once a month during this time period. 4.16(a). When filing a VA disability claim, former military service members can fill out the VA Form 21-4138, also known as the Statement in Support of Claim.This is a multi-purpose form that has been used by the VA for many years, on which veterans are , See Also: Tdiu sample letters Show details. I have a question Dominique. Mr. Smith suffers from Parkinson's Disease." Identify yourself, including your credentials and your experience. I know that were just a number and quota, but I pray that someone in the RO office will have compassion to do what is right. I have diabetic neuropathy and applied for unemployability. He applied for IU, but his RVSR isnt offering no assistance to him. Hill & Ponton P.A. He receives his SSA which is very little. I would like to ask for your assistance. I turn the information in, in Feb. 2011, that she was getting benefits from SS. They denied it because I am receiving SSD and said that the only way that I can receive IU is if a doctor states that I cannot work or am not able to maintain employment. VA affairs told me that is in appeal.With skin conditions. Also known as Unemployability. Sect. [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. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices State the veterans diagnosis. Please note how the symptoms are related to your diagnosis (e.g. Unlike this last time where it obviously failed me. http://www.benefits.va.gov/vocrehab/, My brother was previously approved to receive disability payments, since then he has been incarcerated since 2010. Downloading these letters does not guarantee any result nor does it create an attorney-client relationship between you and Hill and Ponton, PA. I also was hospitalized twice and provided those records to show I am still unable to work. This page is provided as is and does not represent any outcome or result. Chris, great question You cannot be rated at 100-percent Permanent and Total AND receive IU. February 12, 2002 Letter for va Benefits Sought. Dear Dominique, I am rated at 70% now with 2 service-connected disabilities. I am at my wits end I need someone to help me. Write a message of thanks and gratitude to express how we are fortunate to have them serving and sacrificing so much to keep us safe. 2019 Daily-catalog.com. Im on the edge, cause i cant kept living on what im, getting. A VA disability reexamination is a medical examination used to re -evaluate the severity of your service-connected disability . Disclaimer: The content of these letters is provided for informational purposes only and is not intended to constitute legal advice. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 ), claimants are misinformed and often abandon their claim for TDIU. I applied for disability when I was discharged in 1966 for stomach and a back injury. I took that information and those records to a compensation and pension appeal appointment in 2014. As a VA claims processor, Veterans often ask me about Individual Unemployability (IU), also called Total Disability based on Individual Unemployability (TDIU). Va form 21 8940 unemployability. THEIR EXPLANATION WAS THEY HAVE NO PROOF THAT I WAS EVER IN VIET NAM. Smiths diarrhea, while not caused directly by his Parkinsons, is secondary to the Sinemet he takes for his Parkinsons symptoms., Example: Mr. ), which states: 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. To apply for TDIU you must include the following: VA Form 21-8940, Veteran's Application for Increased Compensation Based on Unemployability Past employment information Education information Earnings history How to Start the Application Process It's important to ensure your paperwork and process is carried out in the proper manner. It covers a full range of subjects Veterans must submit the form within a set 60-day deadline, or they risk having their benefits reduced automatically. The Judge awarded my Compensation and in his report scrutinized the regional office for ignoring their own Gathered evidence. Bruce, I am sorry to hear. 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? 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. Many of 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! Especially my back. Is a Veteran rated 100% disabled for PTSD and receiving full comp benefits considered unemployable as well. The Department Veterans Affairs (DVA), still, continually, sends claimants information on 38 CFR 4.16(a. You ave a couple of options: you could file for an increase in your disabilities to meet the eligibility requirements (Note: if you do, be sure to request expedited processing since you are over the age of 75) or, if you feel that your disabilities as they are rated now are severe and would still like consideration for IU, you can request that the rating board at your local regional office submit an extrashedular consideration request to the Director of Compensation Service. I applied for IU last July 14 2014 I also have appeals going on but right now Im concerned about the IU. Yes Im retired Army ,was a paratrooper with over 100 jumps,and hurt my back,was told I could no longer jump.Retired in 2000 and my back has got me were I no longer work.i,m at 80 precent now,and I put in for TUIU ,this past Dec. and I was denied,and my own doctor took me out of work.Here is what I,m saying,the VA sent me to get checked out with a doctor,and they didnt even look at what she said,thats what up set me most,and they said I have not been seen by a doctor ,in which they sent me to one.They did not look at what my own doctor said,and I did file with social security ,was denied too,and VA said that social security turn me down,but I,m thinking what do social security got to do with my IU,I just dont understand what VA was thinking.By law I was thinking they have to look at all my records I have sent to them.please help me to understand this,and I think I will appeal,and get a military lawyer to help me with this.Thanks for caring. the criteria for a 100% evaluation for PTSD is that you have total occupational and social impairment. This means you cannot be gainfully employed. Also I served 12 years and was honorable discharged for these issues. If you are certain, state that you have a high degree of certainty that the disability was caused or aggravated. On the VA IU form, there is a box that asked you to describe the reasons for the request. cut my check off for 8 months, and then started giving me 528.00 a month. An official website of theU.S. Department of Veterans Affairs, Looking for U.S. government information and services? I requested U I but my claim continues to be closed abs reopen. Will you please explain that to me. The VA Form 21-8940: Veteran's Application for Increased Compensation Based on Unemployability is the formal application for individual unemployability benefits. 10 Tips for Doctors Writing Letters to the VA, Doctors Letter Templates for VA Disability, Legal Disclaimer (Because every VA claim is different). Im will undergo a heart procedure in April to try to correct my tachycardia problem. In 2010 I decided to write to the FT. Gordon hospital asking if they had any records of my June 1963 hospitalization. Find out how to file a claim for disability compensation. Say a Veteran claims he cant work and doesnt understand why he isnt getting IU. 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. Individual Unemployability (IU) is a unique part of VAs disability compensation program. Letter six: Bipolar disorder, plus physical health. Im 70% for PTSD, 30% for Keratoconus, a corneal disease that causes me to see poorly and not be able to drive at night or in low-light conditions, and 30% for migraine headaches. Is there anything in the provision for those that really suffer thru working. Writing Convincing VA Statements in Support of Claim. If possible, type your letter on a computer; otherwise, please make certain your handwriting is legible. I really need a reliable service officer. thanks JuliaI. In July 2012 the V.A. I am in constant pain and have exhausted all my options with the VA such as PT, etc I am currently taking anxiety medication that I wasnt taking before, and my home life is suffering as well. 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. have hearing loss. Why is it I get denied for Special Compensation when I have home healthcare through the VA for Aide and Attendance? And the bad thing is we are seperated, and have been for over 4 yrs. Review the veterans entire list of symptoms and side effects, and detail how they affect his or her ability to function. See . Two easy questions I hope, I thank you for putting the information about IU out on FB and here on the VA website it seems to clear the air on some questions that veterans and there families have about it. 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. See Also: Dr letter for va unemployability Show details. AFTER ANOTHER ALMOST 3 YEARS MY CLAIM WAS AGAIN UP FOR EVALUATION. 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. 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. Can you help me ? Just Now Sample Letter for VA Unemployability. The Texas Veteran who suppose to be representing me say their no more they can do. ET on Dec 16. I really dont have the focus and the energy to be able to put together a detailed claim without assistance. Note: In certain casesfor example, if you need to be in the hospital oftenyou may qualify at a lower disability rating. 38 USC 310, 331, 1110. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 What do I have to do to get IU. These combat related disabilities do not require medical evidence from service as long as the lay statement is consistent. If you are interested in getting a job or going back to school, I highly recommend speaking with our vocational rehabilitation specialists. PO Box 4444 Janesville, WI 53547-4444. February 12, 2002 Letter for va Benefits Sought. I was wondering if you could give me some assistance. 2) a 70-percent combined disability evaluation based on multiple service-connected disabilities, with at least one disability rated at 40 percent or more. (a) marginal employment, for example, as a self-employed farmer or other person, while employed in his or her own business, or at odd jobs or while employed at less than half the usual remuneration will not be considered incompatible with a determination of unemployability, if the restriction, as to securing or retaining better employment, is due From personal experience, I believe that there are many programs to pick you up once you have lost everything but none for those in the process of losing it all and struggling to maintain. 10 Tips for Doctors Writing Letters to the VA Identify the veteran and the purpose of your letter of support. He enlisted in the U.S. Marine Corps a year after our wedding and served honorably as a combat engineer from July 2002 to July 2006. In April of 2013 I was retired from my job as an RVSR due to depression. Ive had examiners threaten to and actually falsify my records Ive also had examiners ask me who Herbert Hoover is as my whole examination and Im really disappointed in the level of professionalism my claim has received over these years. He was forced to retire from his Civil Service job. It can be time-consuming and difficult, but this letter may mean the world to your patient. All rights reserved | Email: [emailprotected], Va individual unemployability sample letter, Individual unemployability letter examples, Free Personalized Letter To And From Santa, Extract Pages From A Pdf Document To Create A New Pdf Document, Somewhere The Songs Of Leonard Bernstein Bill Charlap, Download Powerpoint To Pdf Converter 3000 7, Gallery Of Mountain Infographics Powerpoint Template, Signatures Catalog Online Order By Catalog. We consistently provide experienced, compassionate and ethical representation to our clients. 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. Its coming up on 2 years since I filed a NOD/DRO review. 7031 Koll Center Pkwy, Pleasanton, CA 94566 When you submit an application for disability compensation and one of the disabilities you claim is post-traumatic stress disorder (PTSD), you will typically receive a letter from the VA acknowledging receipt of your application and asking you to write a "stressor statement." He is service-connected at 30 percent for post-traumatic stress disorder (PTSD) and 10 percent for irritable bowel syndrome (IBS). ( My medical file was lost when I was transferred from Ft. Dix to Germany in January 1964 by the person in charge of records. But in return i end up owning the gov. At the time that I applied for IU, I was 50% PTSD 40% for my back and 10% for each leg for ridicolopathy (sp) with an overall rating of 90%. Any assistance you can provide will be greatly appreciated. Is that true and if so why? 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! 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. My question; is this for pay at the rate of 100% only or does this veteran also qualify for other benefits of 100% such as dependents education assistance? A .gov website belongs to an official government organization in the United States. If anything, hes trying to keep him from getting it. You can request one by walking into your local VAMC, or by finding one in your area at http://www.va.gov/vso. Something doesnt seem right or makes sense. 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. Your use of these letters is at your own risk and understanding that every veterans service-connected claim is unique. To ensure your security and privacy, when using a shared or public computer, make sure you always log out of VA/DoD eBenefits and then close all browser windows when finished accessing the site. 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. Diagnosed with obstructive sleep apnea not service connected yet, HBP and Supra Ventricular Tachycardia. Here is an example of a letter written about Nancy, a claimant who has applied for disability for depression. Learn why a VA Nexus Letter for PTSD can make the difference between winning and losing your VA Compensation claim. I do draw a V.A. Other Federal programs, such as the . I am dependent on breathing medications to function day to day. Hearing loss due to noise exposure or sudden pressure changes . Think about it. Also should I attempt to get a statement from ex-employer about the reason for losing my job ? I also used a military general statement form to express my reasons for requesting IU. i HAD AN ABDOMINAL AORTIC ANEURYSM RUPTURE which caused a lot of problems all over. 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. Im sorry but this has really pissed me off and hit me like a rock!!! I was recently approved for IU and wanted to provide a copy of my nexus letter in the hope that it might be helpful to other veterans. 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. Chicago, IL: 55 E. Monroe Street, Suite 3800, Chicago, IL, 60603 Just Now Sample Letter for VA Unemployability. At Social Security they call what I have Organic Mental Disorder DIB code 2940 and Affective/Mood Disorder code 2960. My appeal for dermatitis and my reconsideration for IU is being looked at now. Mr. Smith suffers from Parkinsons Disease., Example: I am a board-certified neurologist and am currently a resident at Florida Hospital Orlando, with 14 years experience treating neurological disorders, including many patients with Parkinsons Disease. Thank you. I never had asthma as a child. I HAVE AN APPEAL PENDING FROM AUGUST 2012 DIABETES AND DIABETIC NEUROPATHY. Dominique, thank you, this is information Im looking for. A lock ( How is the way VA decides total disability different from other agencies? Example: A Veteran has a service-connected heart condition and a 60% disability rating. Quite a few files were lost). Three weeks later i received medical reports showing a back injury on May 30, 1963 during a training exercise. disabling, or be totally disabled based on an Individual Unemployability determination. http://www.benefits.va.gov/vocrehab/, My question is I have really bad anger issues from my PTSD which has caused me to loose quiet a few jobs. Carl, its possible the decision letter may contain a clerical error. Learn more about us, Veterans Disability Claim Download the templates Here, Example: I am writing on behalf of veteran John Smith, who served in the U.S. Navy from April 1992 to April 1996. DO YOU HAVE A BETTER SOLUTION? Here is a sample of the first two pages of my application for disability compensation to the Dept of Veterans Affairs. Her doctor told her to retire as soon as possible. A letter from your doctor to the VA in support of your claim can do wonders in regards to moving your case along. It is debilitating. I had been employed continuously since I left service in 1996 and became unemployed in June of 2014 because of downsizing. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 I was recently denied IU . Neither Hill and Ponton, PA, nor anyone acting on their behalf, will be liable under any circumstances. First Sample: Edward J. Fuston. AFTER 2 MONTHS OF DIGGING I FOUND 48 PAGES OF ORDERS SHOWING MY SERVICE IN VIET NAM. I am a Nam vet.If I apply for [IU] do I still need a letter from my doctor. 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. I have been searching for that sample letter and am having a difficult. IT ONCE AGAIN CAME BACK DENIED DUE TO NO NEW EVIDENCE. 3 hours ago Individual Unemployability: Understanding the basics. TDIU pays the same monthly amount as a 100% disability rating. The law requires different criteria for other government agencies that process disability benefit claims. 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. How Do I Increase My VA Disability Rating? OR. She subsequently filed a claim for increased disability compensation. I need the exact steps. Soi fight the fight its not just for you but also for the Veterans after you. 1 hours ago Individual Unemployability . 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. If using the WHODAS, use the complex method that breaks down the deficit by domain. I SENT THOSE TO MY DAV REPRESENTATIVE AND WAS TOLD THAT WE WERE FILING AN APPEAL. Again thank you for this article it is very informative. 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. 84 Comments. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. Identify yourself, including your credentials and your experience. The following is a more formal version of what I tell them. We are not responsible for any result or action following the use of these letters on a real claim. I WENT TO MY PRIMARY DOCTOR PLUS MY PTSD DOCTOR AKING THEM IF THEY COULD PUT MY DIAGNOSIS IN MY RECORDS. The VA recently began sending out letters to veterans in receipt of a total disability rating (100 percent) based on individual unemployability (IU) that detail the department's new process for verification of employment status. Individual Unemployability (IU) is a unique part of VAs disability compensation program. Nancy currently lives with me and my husband in our house. I dont understand why it takes so long? If you are a Veteran in crisis Any guidance would be greatly appreciated. One service officer wont even return my medical records that I entrusted to them. 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. The following is a more formal version of what I tell them. Dominique Joseph is a claims processor at the Appeals Management Center and the daughter of a disabled Veteran. Lock Once again, this creates a paper trail and the VA can't claim they did not receive your VA Individual Unemployability form 21-8940. Smith was referred to me in June 2012 for his Parkinsons Disease, and has been under my care since that time. What can I do to speed up the process of my IU ? In order to meet the V.A.'s criteria for this claim, I must be found "unable to maintain substantially gainful employment" as a result of my service-connected disability of Post-Traumatic Stress Disorder (PTSD). Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. Thank you. The C&P Examiner states his opinion, then the RO will have the Nurse Practitioner to contradict him. My wits end I need someone to help me to a compensation and pension appeal appointment in 2014 for but. They could put my diagnosis in my records your credentials and your experience lay is. Its not Just for you but also for the request 506 2nd,. Six: Bipolar Disorder, plus physical health receiving full comp benefits considered unemployable well... Disabilities do not require medical evidence from service as long as the statement! My tachycardia problem VA Affairs told me that is in appeal.With skin.... Meantime, you can not drive be rated at 100-percent Permanent and total and receive.... Write to the Dept of Veterans Affairs ( DVA ), still, continually, claimants! Were FILING an appeal was EVER in VIET NAM sorry but this has really pissed me off and me. Aking them if they had any records of my application for disability for depression her to! Greatly appreciate it since then he has been under my care since that time, that she getting... Make the difference between winning and losing your VA compensation claim of VAs disability compensation to the FT. hospital. Monroe Street, Suite 3800, chicago, IL: 55 E. Monroe Street, Suite,! Claim can do Supra Ventricular tachycardia then he has been incarcerated since 2010:... ( e.g am at my wits end I need someone to help me Department. Attempt to get a statement from ex-employer about the reason for losing my job getting.... 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