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Old 19 December 2015, 14:25
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Purple36 Purple36 is offline
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Join Date: Nov 2002
Location: East Coast
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Quote:
Originally Posted by wildman43 View Post
In accordance with current Regulations IF an individual is rated at 80% by the V.A. they are also rated as 20% unemployable = 100% disability pay by the V.A.

I said the word IF is the main factor I have seen individuals with less time than this one rated at 100%.
No one I know with 80% (including me) VA rating gets 100% disability pay. What's the paperwork to make this happen?
Nevermind, I just did a search using the term unemployable. It is not automatic and there must be evidence of inability to be employed. That clears things up:

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,

2) a 70-percent combined disability evaluation based on multiple service-connected disabilities, with at least one disability rated at 40 percent or more.

In these cases, VA will consider a Veteran’s eligibility for IU, if there is evidence showing he or she cannot work due to service-connected disabilities In both instances, VA reviews all the evidence of record and decides if a Veteran’s disability is, by law, severe enough to grant IU.

Let’s use a hypothetical situation. Say a Veteran claims he can’t work and doesn’t understand why he isn’t getting IU. He is service-connected at 30 percent for post-traumatic stress disorder (PTSD) and 10 percent for irritable bowel syndrome (IBS)

Since the Veteran has only two service-connected disabilities, both the Veteran’s PTSD and IBS have to be evaluated at a higher combined rate and be the reason he can’t work to receive IU.

How is the way VA decides total disability different from other agencies?

The law requires different criteria for other government agencies that process disability benefit claims. The Social Security Administration, for example, requires a claimant to be totally disabled after considering age, education, and prior work experience in order to be eligible for social security disability. 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. IU is meant to compensate a Veteran for service-connected disability or disabilities which do not meet the schedular requirements for a total evaluation at the 100-percent rate.

If you think you fall into this category, I encourage you to work with a Veterans Service Organization, a state or county service officer, or see your public contact team at your nearest regional office. You can also find more information on our IU website, http://www.benefits.va.gov/compensat...loyability.asp. I am also happy to answer your questions in the comments section.
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