Question about ratings and IU

[brondeau09]

I am trying to figure out if when concerning Individual Unemployability, how the VA will look at my ratings. I was rated at 20% for DDD of thoracolumbar spine and then rated 20% for lumbar radiculopathy. Will these two ratings combine to have the 40% for a single rating of a claim to fall under the 40/70 requirement in order to file for IU?

 

[Dcmd124]

My inclinination is that it will not suffice because you have not met the 40% for one condtion. However, if you can paint the picture that your condition makes it unfeasible to work, then I would apply. I'd apply anyways.

If you were to file a NOD before one year has elapsed, the VA will backdate it to your Separation/ Retirement date. It might be worth looking into about filing a NOD.

Take care and good luck to you.

 

[scoutCC]

IU requires a single 60% rating

OR

A single 40% rating with an overall of 70%.

If you have good evidence that a condition makes you unemployable and you request for it to be considered as IU, it will be considered as a request to also raise its rating to 60%.

For example its possible to have migraines so severe and frequent that you can't maintain employment due to number of sick days. Since its max rating is 50%, you could still ask for IU and them grant it, they just give migraines an extra schedular at 60%.

IU means you can't get any gainful employment, not just that you can't do current. With a 20%, either rating is wrong or you should try for voc rehab instead.

 

[brondeau09]

I understand your notion about the 40% for a single condition but being that DDD and Radiculopathy are both related to the lumbar and thoracolumbar spine that they would combine into a single system for determination purposes...

 

[scoutCC]

Single rating is single rating, not single diagnosis as far as I know.

The main takeaway from what I've seen about IU is the why and they how you can't be employed. If you have evidence that there is no job you can hold, I'd go ahead and submit it. If the evidence is good they can just adjust up your rating. It may not be quick, I've seen it in some of my readings on BVA decisions, so I know they are able to make that determination. I suspect the RO will deny though.

In the end, if your back is so severe that you couldn't hold down a job I suspect there is evidence that either the pain from the nerve damage deserves a higher rating or maybe your back should be rated under prescribed bed rest instead of ROM. A 20% rating shouldn't reflect something so severe that you couldn't do a desk job.

 

[brondeau09]

Come to find out, I have a bilateral factor rating putting me at 60% for a single bilateral grouping and an overall rating of 70% so looks like it will suffice for the 40%/70% requirement...