What should I expect with Individual Unemployability (IU)?

MAJ Ken Landgren — Mon, 28 Dec 2015 14:08:46 -0500

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?

Response by SSG Private RallyPoint Member made Dec 28 at 2015 2:57 PM

SSG Private RallyPoint Member — Mon, 28 Dec 2015 14:57:30 -0500

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.

Response by CPT Pedro Meza made Dec 28 at 2015 3:31 PM

CPT Pedro Meza — Mon, 28 Dec 2015 15:31:23 -0500

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.

Response by LTC Stephen F. made Dec 28 at 2015 6:21 PM

LTC Stephen F. — Mon, 28 Dec 2015 18:21:42 -0500

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.

Response by Cpl Mark Oresko made Dec 14 at 2019 3:15 AM

Cpl Mark Oresko — Sat, 14 Dec 2019 03:15:14 -0500

Expect to fill out a form each year confirming that you aren’t working with proof. The form is a 21-4140.
https://www.vba.va.gov/pubs/forms/VBA-21-4140-ARE.pdf Hopefully this link works. My first year when this was due, I was two weeks away from getting dropped.

VBA-21-4140-ARE.pdf

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