IU and 100 percent VA Disability - Work Rules and General Rules

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Anonymous

What is the difference between 100% disability that is employable or unemployable? Just curious and confused I thought that once you were 100% disability you could not work. Is that the discretion or recommendation of the Dr?
Thanks in advance

Anonymous

razorback,

I'm no expert on the matter, but I did have a 100% disability rating from the VA before it was lowered to 90% last May. I have been working at my new job since Sept. 2008 and it's Federal employment and nobody seemed to care. My case worker from AMVETS sent me paperwork to apply for IU when my rating was being reviewed and I had to tell him I couldn't fill it out because I was working full-time. You see I was given a temporary rating of 100% by the VA when I first applied in January of 2008 because they were backed up on processing claims and it was just a guess considering I was rated at 80% when I processed out of the Army in December of 2007.

I think the only time it makes a difference is when you do not have the ability to work you can apply for IU and I believe it is when you are 70% rated and above, but don't quote me on that figure.

Good luck

Anonymous

When the Department of Veterans Affairs assigns a disability rating of 100% for an individual condition, you may continue to work.  When the VA assigns multiple percentages, that when combined under 38 CFR 4.25 are equal to 100% percent, you may continue to work.  A person single disability rated 100% or combined 100%; may work as much and as often as they would like.


There are 2 benefits provided by the VA during which you are prohibited from working.


1) Individual Unemployability (IU) - You are eligible for this benefit when there is 1 disability assigned 60% disabling or above; or 2 disabilities totaling 70% or more with at least one disability being 40%.  If you meet those basic minimum evaluation criteria AND the VA has determined your service connected disabilities prevent you from obtaining and maintaining gainful employment; they will pay you at the 100% compensation rate.  After you have been granted the benefit of Individual Unemployability, the VA will send you a yearly form requesting you to certify continued unemployment.  As long as you return this form and there is no future exam that could reduce your evaluation below the minimum criteria, you will continue to be paid at the 100% percent rate until you are able to obtain and maintain gainful employment.   If you lie about employment, they will catch you.  If they catch you, you will goto jail; and you won’t be the first.


A good example of this is ulcerative colitis.  The rating schedule only allows a maximum of 60% for this condition.  No matter the severity of the condition, 60% is the max.  If the Veteran is only service connected for ulcerative colitis, but the evidence shows that this "60% disability" is factually preventing any sort of gainful employment; then the Veteran will be granted IUpaid at the 100% compensation rate.


 


2) Non-Service Connected Pension - This is an income based benefit that is similiar to welfare.  You must have a certain amount of service during a designated period of war, meet income requirements, and be considered permanently and totaly disabled due to NON-service connected conditions.  You cannot receive this benefit and work simultaneously.  The benefit amount is offset by any income your receive (i.e. social security).  This benefit is generally requested by older, usually retired, Veterans; but may be granted to any Veteran with war time service meeting the disability criteria.


An example of this would be a war time Veteran suffering a catastrophic brain injury in a car accident AFTER discharge.  If the brain injury (unrelated to service) renders the Veteran permanently and totally disabled and (s)he meets income requirements; the Veteran would be entitled to Non-Service Connected Pension.


 


38 CFR §4.17 Total disability ratings for pension based on unemployability and age of the individual.   


All veterans who are basically eligible and who are unable to secure and follow a substantially gainful occupation by reason of disabilities which are likely to be permanent shall be rated as permanently and totally disabled. For the purpose of pension, the permanence of the percentage requirements of §4.16 is a requisite. When the percentage requirements are met, and the disabilities involved are of a permanent nature, a rating of permanent and total disability will be assigned if the veteran is found to be unable to secure and follow substantially gainful employment by reason of such disability. Prior employment or unemployment status is immaterial if in the judgment of the rating board the veteran's disabilities render him or her unemployable. In making such determinations, the following guidelines will be used:


(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 to disability.


(b) Claims of all veterans who fail to meet the percentage standards but who meet the basic entitlement criteria and are unemployable, will be referred by the rating board to the Veterans Service Center Manager or the Pension Management Center Manager under § 3.321(b)(2) of this chapter. (Authority: 38 U.S.C. 1155)


[43 FR 45348, Oct. 2, 1978; 56 FR 57985, Nov. 15, 1991; 71 FR 28585, May 17, 2006; 74 FR 26959, June 5, 2009]

Anonymous

For the information!

Anonymous

===I.U.
With Unemployability you are paid at the 100% level (like a differential of sorts) because the financial difference between your actual level of disability prescribed by the VA (70%, or 50% or whatever) is made up by giving you unemployability status. Meaning you cannot work if you are getting unemployability (or you will lose the money differential) and the VA thinks it is not possible or feasible or in your best interests for you to perform a job at this time.

A lot of vets have difficulty with this because they are used to giving their all and to accept unemployability is considered by some to be resignation. Not something easy for vets to accept at all. If this is you, you might consider seeing a social worker or counselor to help you adjust or make a realistic plan for your return to work. I personally struggled with this decision for two years not wanting to accept that I realistically could not hold a job.

===P&T

If you are a straight 70% (P&T or not) as awarded by the VA, you are paid at the 70% rate. If you are granted unemployability, you are paid at the 100% rate which is currently 2769.00 per month. You can be subject to periodic review at any time and have your rate either raised or reduced as your condition fluctuates and indeed these exams are scheduled to occur about every two to three years.

If you are 100% Permanent and total (you can be 70% P&T, or 80% P&T. or even 10% P&T) you get paid at the 100%rate, or the rate that is assigned to your level of disability if you have a single qualifying rating of 40% or a combined rating of 60% and you are not subject to the periodic review that the unemployability recipients are. This is not to say that you will never be reviewed, just that they don't schedule them as they do for the IU vets. You can return to work and still collect that money paid to you for your P&T disability unless it is being paid to you only for a mental disability at the 100% rate.

Anonymous

I am rated 100% permanent and total for a severe service connected mental disability (not individual unemployability). Thanks to modern medicine I am stable at the moment, but if I go off my medication (even if accidentally) that's when I completely lose control. I think working would benefit my overall mental health.  I don't need the money but I also don't want to put my niece's college fund at risk because I am working a minimum wage job (I am also considering volunteering at the local VA). I have not seen anything in the CFR regulations concerning work limitations for permanent and total mental disabilities. Could you shed more light on this? Thank you

Anonymous

I am a veteran with 90% connected disability, I am currently working but I spend more time at doctors and on sick time or leave without paid. I am suppose to be clocking 80 hours in a paid period, but only clock between 60 and 72 hours every paid period. Several people have told me or advice me to file for 100% unemployability. I am confuse and I really don't know what to do. I will se the doctors again this coming week. Should I talk to them about this ? How can I get guidance on this matter? I am having problems at work and besides that all of my health problem is worsen

Thanks!

Anonymous

I'm in the same situation as zcullcandy12...



I am a veteran with 90% connected disability, I am currently working but I spend more time at doctors and on sick time or leave without paid. I am suppose to be clocking 80 hours in a paid period, but only clock between 60 and 72 hours every paid period. Several people have told me or advice me to file for 100% unemployability. I am confuse and I really don't know what to do. I will se the doctors again this coming week. Should I talk to them about this ? How can I get guidance on this matter? I am having problems at work and besides that all of my health problem is worsen


Can anyone help with an answer?

Anonymous

I would like to know can i apply for IU. Im rated right now at 90%. I have two  things that are rated 50% each. I been having trouvle on the job i still cannot sleep and just dealing with people at the job i still have moments of anger. i got 50% for PTSD amd 50% for sleep apnea. 

Anonymous

The Labor Department’s jobs report the prior week showed that the nation had gained 157,000 new jobs in January. That was better than some had anticipated. Still, it did not stop the unemployment rate from ticking up to 7.9 percent. The unemployment rate is gleaned from a separate poll of consumers.

Topic locked
Anonymous

razorback,

I'm no expert on the matter, but I did have a 100% disability rating from the VA before it was lowered to 90% last May. I have been working at my new job since Sept. 2008 and it's Federal employment and nobody seemed to care. My case worker from AMVETS sent me paperwork to apply for IU when my rating was being reviewed and I had to tell him I couldn't fill it out because I was working full-time. You see I was given a temporary rating of 100% by the VA when I first applied in January of 2008 because they were backed up on processing claims and it was just a guess considering I was rated at 80% when I processed out of the Army in December of 2007.

I think the only time it makes a difference is when you do not have the ability to work you can apply for IU and I believe it is when you are 70% rated and above, but don't quote me on that figure.

Good luck

Anonymous

When the Department of Veterans Affairs assigns a disability rating of 100% for an individual condition, you may continue to work.  When the VA assigns multiple percentages, that when combined under 38 CFR 4.25 are equal to 100% percent, you may continue to work.  A person single disability rated 100% or combined 100%; may work as much and as often as they would like.


There are 2 benefits provided by the VA during which you are prohibited from working.


1) Individual Unemployability (IU) - You are eligible for this benefit when there is 1 disability assigned 60% disabling or above; or 2 disabilities totaling 70% or more with at least one disability being 40%.  If you meet those basic minimum evaluation criteria AND the VA has determined your service connected disabilities prevent you from obtaining and maintaining gainful employment; they will pay you at the 100% compensation rate.  After you have been granted the benefit of Individual Unemployability, the VA will send you a yearly form requesting you to certify continued unemployment.  As long as you return this form and there is no future exam that could reduce your evaluation below the minimum criteria, you will continue to be paid at the 100% percent rate until you are able to obtain and maintain gainful employment.   If you lie about employment, they will catch you.  If they catch you, you will goto jail; and you won’t be the first.


A good example of this is ulcerative colitis.  The rating schedule only allows a maximum of 60% for this condition.  No matter the severity of the condition, 60% is the max.  If the Veteran is only service connected for ulcerative colitis, but the evidence shows that this "60% disability" is factually preventing any sort of gainful employment; then the Veteran will be granted IUpaid at the 100% compensation rate.


 


2) Non-Service Connected Pension - This is an income based benefit that is similiar to welfare.  You must have a certain amount of service during a designated period of war, meet income requirements, and be considered permanently and totaly disabled due to NON-service connected conditions.  You cannot receive this benefit and work simultaneously.  The benefit amount is offset by any income your receive (i.e. social security).  This benefit is generally requested by older, usually retired, Veterans; but may be granted to any Veteran with war time service meeting the disability criteria.


An example of this would be a war time Veteran suffering a catastrophic brain injury in a car accident AFTER discharge.  If the brain injury (unrelated to service) renders the Veteran permanently and totally disabled and (s)he meets income requirements; the Veteran would be entitled to Non-Service Connected Pension.


 


38 CFR §4.17 Total disability ratings for pension based on unemployability and age of the individual.   


All veterans who are basically eligible and who are unable to secure and follow a substantially gainful occupation by reason of disabilities which are likely to be permanent shall be rated as permanently and totally disabled. For the purpose of pension, the permanence of the percentage requirements of §4.16 is a requisite. When the percentage requirements are met, and the disabilities involved are of a permanent nature, a rating of permanent and total disability will be assigned if the veteran is found to be unable to secure and follow substantially gainful employment by reason of such disability. Prior employment or unemployment status is immaterial if in the judgment of the rating board the veteran's disabilities render him or her unemployable. In making such determinations, the following guidelines will be used:


(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 to disability.


(b) Claims of all veterans who fail to meet the percentage standards but who meet the basic entitlement criteria and are unemployable, will be referred by the rating board to the Veterans Service Center Manager or the Pension Management Center Manager under § 3.321(b)(2) of this chapter. (Authority: 38 U.S.C. 1155)


[43 FR 45348, Oct. 2, 1978; 56 FR 57985, Nov. 15, 1991; 71 FR 28585, May 17, 2006; 74 FR 26959, June 5, 2009]

Anonymous

For the information!

Anonymous

===I.U.
With Unemployability you are paid at the 100% level (like a differential of sorts) because the financial difference between your actual level of disability prescribed by the VA (70%, or 50% or whatever) is made up by giving you unemployability status. Meaning you cannot work if you are getting unemployability (or you will lose the money differential) and the VA thinks it is not possible or feasible or in your best interests for you to perform a job at this time.

A lot of vets have difficulty with this because they are used to giving their all and to accept unemployability is considered by some to be resignation. Not something easy for vets to accept at all. If this is you, you might consider seeing a social worker or counselor to help you adjust or make a realistic plan for your return to work. I personally struggled with this decision for two years not wanting to accept that I realistically could not hold a job.

===P&T

If you are a straight 70% (P&T or not) as awarded by the VA, you are paid at the 70% rate. If you are granted unemployability, you are paid at the 100% rate which is currently 2769.00 per month. You can be subject to periodic review at any time and have your rate either raised or reduced as your condition fluctuates and indeed these exams are scheduled to occur about every two to three years.

If you are 100% Permanent and total (you can be 70% P&T, or 80% P&T. or even 10% P&T) you get paid at the 100%rate, or the rate that is assigned to your level of disability if you have a single qualifying rating of 40% or a combined rating of 60% and you are not subject to the periodic review that the unemployability recipients are. This is not to say that you will never be reviewed, just that they don't schedule them as they do for the IU vets. You can return to work and still collect that money paid to you for your P&T disability unless it is being paid to you only for a mental disability at the 100% rate.

Anonymous

I am rated 100% permanent and total for a severe service connected mental disability (not individual unemployability). Thanks to modern medicine I am stable at the moment, but if I go off my medication (even if accidentally) that's when I completely lose control. I think working would benefit my overall mental health.  I don't need the money but I also don't want to put my niece's college fund at risk because I am working a minimum wage job (I am also considering volunteering at the local VA). I have not seen anything in the CFR regulations concerning work limitations for permanent and total mental disabilities. Could you shed more light on this? Thank you

Anonymous

I am a veteran with 90% connected disability, I am currently working but I spend more time at doctors and on sick time or leave without paid. I am suppose to be clocking 80 hours in a paid period, but only clock between 60 and 72 hours every paid period. Several people have told me or advice me to file for 100% unemployability. I am confuse and I really don't know what to do. I will se the doctors again this coming week. Should I talk to them about this ? How can I get guidance on this matter? I am having problems at work and besides that all of my health problem is worsen

Thanks!

Anonymous

I'm in the same situation as zcullcandy12...



I am a veteran with 90% connected disability, I am currently working but I spend more time at doctors and on sick time or leave without paid. I am suppose to be clocking 80 hours in a paid period, but only clock between 60 and 72 hours every paid period. Several people have told me or advice me to file for 100% unemployability. I am confuse and I really don't know what to do. I will se the doctors again this coming week. Should I talk to them about this ? How can I get guidance on this matter? I am having problems at work and besides that all of my health problem is worsen


Can anyone help with an answer?

Anonymous

I would like to know can i apply for IU. Im rated right now at 90%. I have two  things that are rated 50% each. I been having trouvle on the job i still cannot sleep and just dealing with people at the job i still have moments of anger. i got 50% for PTSD amd 50% for sleep apnea. 

Anonymous

The Labor Department’s jobs report the prior week showed that the nation had gained 157,000 new jobs in January. That was better than some had anticipated. Still, it did not stop the unemployment rate from ticking up to 7.9 percent. The unemployment rate is gleaned from a separate poll of consumers.

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