Posted on Dec 28, 2015
What should I expect with Individual Unemployability (IU)?
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I am rated 70% for PTSD from the VA for three years but was upgraded to 100% IU in that time frame. I am going through a reevaluation now. What should I expect, and why?
Posted >1 y ago
Responses: 4
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I too was submitted for the Individual Unemployability MAJ Ken Landgren.
I am currently rated at 80% VA disabled. I was told it takes 4 to 6 months to become effective. The VA will provide the delta between your current disability income and the 100% disability income associated with UI. The effective date is backdated to the month it was submitted.
I am currently rated at 80% VA disabled. I was told it takes 4 to 6 months to become effective. The VA will provide the delta between your current disability income and the 100% disability income associated with UI. The effective date is backdated to the month it was submitted.
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Re-evaluation means that your case is once again being evaluated and it is scary because there is no way to know the outcome and to me (TBI and PTSD, other Injuries) this is stressful worse when un-employed. It is not easy.
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Did you apply for a re-evaluation or did the VA set this up? Anytime you file a claim for a new benefit or an increase in an existing benefit the VA "can" use it as a reason to re-evaluate all SC (service connected) issues. They could be looking at other SC issues other than your PTSD. Perhaps the VA feels it was necessary to evaluate the severity of your disability, are you getting better or worse?
The VA can also order a reexamination at any time if there is new, material medical evidence that your disability has gotten better, at least temporarily. For example, if you have cancer and it goes into remission, the VA will call you in for a reexamination for the purpose of reducing your benefits. If the VA temporarily decreases your benefits, you can request an increase of your condition worsens again. Going back to the example above, if your cancer comes back, you can request an adjusted disability rating to increase your benefits.
VA normally does not schedule reexaminations for veterans:
-over age 55
-with static disabilities, such as loss of a limb
-with a disability resulting from disease that is of a permanent nature
-who have been assigned the minimum rating for their disability
-who have a combined disability rating, and the individual ratings that were combined are
-so high that even if one or two of these ratings were reduced, the combined disability rating would remain the same.
If you are not subject to reexamination, your disability rating cannot be reduced.
I had several re-evaluations during my C&P process before it was finalized.
Are you using your e-Benefit/MyHealthyVet portal? You can track the docs notes as your undergoing this re-evaluation.
The VA can also order a reexamination at any time if there is new, material medical evidence that your disability has gotten better, at least temporarily. For example, if you have cancer and it goes into remission, the VA will call you in for a reexamination for the purpose of reducing your benefits. If the VA temporarily decreases your benefits, you can request an increase of your condition worsens again. Going back to the example above, if your cancer comes back, you can request an adjusted disability rating to increase your benefits.
VA normally does not schedule reexaminations for veterans:
-over age 55
-with static disabilities, such as loss of a limb
-with a disability resulting from disease that is of a permanent nature
-who have been assigned the minimum rating for their disability
-who have a combined disability rating, and the individual ratings that were combined are
-so high that even if one or two of these ratings were reduced, the combined disability rating would remain the same.
If you are not subject to reexamination, your disability rating cannot be reduced.
I had several re-evaluations during my C&P process before it was finalized.
Are you using your e-Benefit/MyHealthyVet portal? You can track the docs notes as your undergoing this re-evaluation.
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SSG (Join to see)
A mistake can either be beneficial to you or not. Hopefully it is to your benefit.
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Cpl Mark Oresko
They can’t reevaluate all connected conditions, they can only reevaluate the ones you are asking for an increase, or whatever service connected illness that you have and are trying to link as secondary to your new claimed disability. For instance, you are 70% for PTSD, 10% for Tinnitis, 40% for TBI, 0% for toe amputation. Total rating = 80% Now you submit a claim for sleep apnea as secondary to PTSD, you now have to prove you have sleep apnea, and provide a nexus linking your service connected PTSD to your sleep apnea. Not only can they deny your claim but they can also reevaluate your PTSD- level and end up lowering it from 70% down to 30% resulting in a denial for sleep apnea and a new lowered rating of [40%+9%+2.55%=51.55%] rounded rating will be 50% service connected. That’s just a scenario. Things can go up or down but can’t be re-evaluated unless opening for an increase or liking something secondary to that service connected illness or if an illness is temporary, ie.recovery from surgery, cancer can go into remission, improvement of a mental illness. The VA has to have a substantial amount of evidence showing an improvement in a service connected condition though.
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