Individual Unemployability | VA Disability Group | Attorney Casey Walker

Individual Unemployability, often referred
to as IU by the VA, is a condition whereby the veteran takes all of his service connected
conditions. And now those are conditions that the VA said
were caused by the military to a certain extent – service connection. They say those conditions, even though you
might not be compensated at 100 percent schedular evaluation which is the traditional/difficult
way to obtain 100 percent evaluation. Despite the veteran not being evaluated at
100 percent, those conditions still render the veteran unemployable. And so the VA says it's not fair to keep them
at 70 percent, we're gonna bump em up for payment purposes to 100 percent. The VA Math is critical to determining eligibility
for individual unemployability. The eligibility criteria is gonna be one of
two things. if a veteran is rated at 60 percent for one
disability, call it asthma, and that asthma renders him unemployable then, if you can
prove that, the VA will pay that veteran at the 100 percent rate. Now the other alternative common way. This is the most common way we see people
get individual unemployability is if a veteran has one condition rated at 40 percent and
a combined evaluation of all service connected conditions at 70 percent or higher is eligible
to be bumped up to 100 percent. Where you have one condition, call it diabetes,
and that one diabetic condition causes five to six secondary conditions and then you also
have things like hypertension and cardiovascular disease, those are all separate conditions
that are compensated separately by the VA, but they're all caused by diabetes. And so what the VA says is even if you don't
have one condition at 60 percent, if you have multiple conditions caused by one ideology,
those conditions can be combined to create a one 60 percent conditions. The law allows attorneys and veterans to link
that as one disability for eligibility of individual unemployability purposes. Now social security and individual unemployability
have one thing similar trait in that you can't work. And you can double-dip. When veterans hear this they say, "Well I
would have applied for that a long time ago." Unfortunately, the VA will only pay back to
your date of application. You have to claim it. And how you put the application together and
who prepares it can be quite important.

Author Since: Mar 11, 2019

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