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IU and 100% VA Disability - Work Rules & General Rules

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Tue 16 May 2006, 08:54 PM
juniornip
IU and 100% VA Disability - Work Rules & General Rules
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

This message has been edited. Last edited by: Dave_M,
Wed 17 May 2006, 02:23 PM
Dave50666
I assume this questioon arises from Concurrent Retired Disability Pay (CRDP) or Combat Related Special Compensation (CRSC) issues.

A little VA background:

If a veteran is rated as 60% disabled or greater and can demonstrate that he/she can not hold a regular job as a result of those disabilities, they can be granted Individual unemployability. In essence, the vet is paid at the 100% schedular rate, though the actual rating is less. It's considered to be the same as unemployment benefits (to some degree).

Once a veteran becomes a schedular 100% (full and totally disabled), unemployability drops off, even though the pay rate usually doesn't change.

Does that clear it up any? Smile
Wed 17 May 2006, 02:25 PM
Dave50666
Addendum:

Being 100% disabled doesn't necessarily mean unemployable. I happen to know one gent who is rated 100%, but still works via telecommuting.
Tue 15 August 2006, 08:00 AM
Jstrikeman
Hello there, please allow me to help clear up some mis-conception regarding 100 % schedular and IU 100 % (unemployability) ratings. If you are rated as 100 % schedular by the VA, you can still hold a job with no limitations put on you. If you are rated as 100 % IU (unemployability) you are only allowed to be marginally employed. You can only make a certain amount of moeny, and if you make more that marginally amount of money, your IU rating will be reviewed for possible reduction in your current rating!
Wed 16 August 2006, 01:34 AM
DaveBarker
quote:
Originally posted by Jstrikeman:
Hello there, please allow me to help clear up some mis-conception regarding 100 % schedular and IU 100 % (unemployability) ratings. If you are rated as 100 % schedular by the VA, you can still hold a job with no limitations put on you. If you are rated as 100 % IU (unemployability) you are only allowed to be marginally employed. You can only make a certain amount of moeny, and if you make more that marginally amount of money, your IU rating will be reviewed for possible reduction in your current rating!

That is a fact. The VA uses a term 'meaningful income' which is very minimal concerning Individual Unemployability. Usually hardly worth the risk. I have watched many IU veterans get small part time jobs and forfiet the IU. It is difficult to get IU back as the veteran has proven they are able to work.
Sat 09 September 2006, 10:18 PM
amsham36
quote:
Originally posted by juniornip:
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

Sat 16 September 2006, 04:17 AM
DaveBarker
quote:
Originally posted by amsham36:
[QUOTE]Originally posted by juniornip:
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


I do not know why you quoted the question, as Jstrikeman answered it correctly.
Wed 06 December 2006, 09:43 PM
chappie_assist
I agree with Strikeman and D. Barker, if due to unemployability, then, they recently are encouraging people to seek employment and offer some assistance with that, but the rule is they will let you have a probationary period of one year and if you are still "gainfully employed" then, yes, they will cut down your compensation amount/percentage or they can change the rules too (sure can if they changed the US Constitution) and shut you off completely. So, unless you have a job that pays alot more than your monthly, and will keep you in good financial shape for the long haul, it's not feasible to make that switch.
Sun 10 December 2006, 03:21 AM
DaveBarker
In over a quarter century, many of my clients have obtained 100% rating by schedule and continued to work. That means they have conditions, which by the Rating Schedule, rate 100% service connected disability compensation. Some are rated that way because the condition will kill them pre-maturely, according to projection, others because the condition is to incapacitate them. When rated 100% by schedule, the veteran can work, or not work, employment has no bearing. Individual Unemployability (IU) is a different matter.
When a veteran is rated IU, it is because the meaningful employment is restricted by the service connected disability. If a veteran who is paid IU, becomes employed in meaningful employment the IU will be severed. The term meaningful, sometimes referred to as gainful is determined by a VA rating specialist. It is their interpretation of how the job is classified. When a veteran on IU, starts working, the VA is to be notified by the veteran and a decision will be made on the IU status. If your condition prevents you from working and you become employed, it would appear to a prudent person, you are no longer unemployable.
Very high overpayments are often created in these cases. So being forewarned is the point of this message.
Sun 10 December 2006, 02:33 PM
ammalady51
I am 100% and unemployable. I can't do any outside employment due to many back surgeries and various degrees of pain. Does the unemployability means the same for doing something like eBay? Each year I receive a form to fill out questioning me if I've earned any income. I have not done anything by means of computer income work because I'm too afriad of the risk of losing what I life off of, just for something that's not going to be routine regulard income. But are we allowed to earn computer generated occupations? I could make ends meet so much better with a lil extra money. MsAmma.
Tue 12 December 2006, 08:36 AM
8671936
I have a question for anyone who can answer me..I am 70% disabled due to degenerative disc disease in my neck and has now spread to my back. I also have mental disorders associated with this.

I have been getting paid as 100% un-employable but recently I applied to go from 70% to 100% rating since the problem has spead to my back and I feel worse. I always go to my appointment and take about 10 meds for this illness. I am concerned that I might get a doctor that says that I am getting better and they lower my rating and I do not get the 100% unemployability anymore. I have not worked in 2 years and I am very concerned...I take morphine 24 hours a day and a bunch of other meds for pain. Does anyone know how this works??

RM
Tue 12 December 2006, 08:49 AM
8671936
quote:
Originally posted by 8671936:
I have a question for anyone who can answer me..I am 70% disabled due to degenerative disc disease in my neck and has now spread to my back. I also have mental disorders associated with this.

I have been getting paid as 100% un-employable but recently I applied to go from 70% to 100% rating since the problem has spead to my back and I feel worse. I always go to my appointment and take about 10 meds for this illness. I am concerned that I might get a doctor that says that I am getting better and they lower my rating and I do not get the 100% unemployability anymore. I have not worked in 2 years and I am very concerned...I take morphine 24 hours a day and a bunch of other meds for pain. Does anyone know how this works??

RM

Wed 13 December 2006, 12:10 AM
sac15105
Just wondering if you have talked with a department of rehabilitation counselor to see if you can be retrained into a job u can perform with ur disability needs met? The dept of rehab is offered through the state - look under the state website for their info.

Hope this is helpful..not a 'duh' reply
Fri 15 December 2006, 03:17 PM
RD2coastie
quote:
Dave50666
Basic Training

Posted Wed 17 May 2006 14:23 Hide Post
I assume this questioon arises from Concurrent Retired Disability Pay (CRDP) or Combat Related Special Compensation (CRSC) issues.

A little VA background:

If a veteran is rated as 60% disabled or greater and can demonstrate that he/she can not hold a regular job as a result of those disabilities, they can be granted Individual unemployability. In essence, the vet is paid at the 100% schedular rate, though the actual rating is less. It's considered to be the same as unemployment benefits (to some degree).

Once a veteran becomes a schedular 100% (full and totally disabled), unemployability drops off, even though the pay rate usually doesn't change.

Does that clear it up any? Smile


You stated at the rate of 60% a Veteran can put in for unemployability.

I am on SSDI 100% with one of my Service Connect Disabilities. yet I am at 60% with many service connected disabilities. Since I am on SSDI shouldn't that be proof enough? And I thought it was 70% was the point in which you could apply for that.
Sat 16 December 2006, 02:59 AM
DaveBarker
If you have one disability that prevents employment rated 60%, you may be considered for IU. If you you have 2 or more disabilities that render you unable to work, with one on them being at least 40% disabling, you may be considered for IU.
If you have multiple disabilies with the same etiology that is considered one. As diabetes with peripheral neuropathy as secondary. That was an example, there are many more.

Key word: considered. That does word not mean automatic. If a rating specialist finds a non service connected condition prevents you from working, it is a whole new chapter.
Sat 16 December 2006, 05:45 AM
8671936
Hi Dave,

Thank you for the advise.

My problem is that I am already rated 60% disabled for degerative disc disease and 30% for depression connected to degenerative disc disease. The keyword I think is Degenerative which mean it is going to get worse which it has...Why in the heck are they asking me to have another review so quick?? I just got the rating last year for 100% un-employablity with a total of 70 between those 2.

I re-applied recently to be re-avaluated also since my disc disease has gotten worse. I have been to all my appointment and many scheduled coming up including a sleep apnia test which I know I have. Also all my meds have been increased since the last review last year to higher dosages like Morphine. Now I take 60mg 2 x per day and I get epidurals every 4 months.

Should I be worried they would not continue my un-employability?

RM
Sat 16 December 2006, 08:26 AM
DaveBarker
Normal re-exams are 3 in 7 years. They are referred to as "futures" in my profession. If you have been keeping regular doctor visits and complaining each time, about your service connected conditions first, you should be alright.
Sat 16 December 2006, 09:11 AM
8671936
Dave,

That is the problem. I was awarded the IU last year in December but it was back dated to Feb. I can't figure out why they would ask me to do another exam already. This drives me crazy.

And yes, I have been to all my appointment, I have added epidurals every 4 months and my meds and pain meds have been increase along with my meds for depression.

When I have so much going on with pain and depression I do not need the VA telling me that they want to review me every year when there is no way I worked or can work. Degenerative Disc disease means just that DEGENERATIVE (gets worse)

RM
Sat 16 December 2006, 03:03 PM
DaveBarker
At this point it is needless worry. Just go to the exam. When the nurse, then doctor ask you "How are you today?" Respond with "my service connected joints are hurting me terrible, pain is bad!" Also remember on a pain chart that has smiley faces, the frown does not start until 6. So a 6 is minimal pain, 7 is moderate, 8 is bad, 9 severe and 10 unbearable. When it is 5 and under, you have no real pain, why are you there?
Never say fine or OK to the question, "how are you today?" If you do, why are you there?
Don't worry, degenerative is exactly what you said, it gets worse not better.
Mon 18 December 2006, 03:22 AM
13255185
Im currently rated at 70% combined va service connected disablitly and might be getting 100% soon. If I try to work will I lose any of my concurrent disability pay? I dont have any money in the bank or own a house and need to work