Top 5 Individual Unemployability Misconceptions Veterans Need To Know

I recently talked with an evaluator for Total Disability Individual Unemployability (TDIU).

The VA examiner, a friendly chap, had some confusion about what the Dept of Veterans Affairs was looking for in finding disabled veterans qualified for Total Disability Individual Unemployability ratings.

Here is the list of the top five reasons he thought would disqualify disabled veterans. They all center around whether or not disabled veterans could be temporarily qualified for Individual Unemployability.

He thought, “No.” The VA General Counsel says, “Yes.”

What VA Actually Says About TDIU

Section 4.16 of title 38, Code of Federal Regulations, authorizes the Department of Veterans Affairs to assign a total rating based on individual unemployability (TDIU rating) based upon a veteran’s temporary (i.e., non-permanent) inability to follow a substantially gainful occupation…

TDIU Alternative Facts From VA Medical Examiner

Here, the VA examiner I spoke with made the following claims:

  1. Having a theory of future employment, post-rehabilitation disqualifies veterans seeking individual unemployability because they think they will get a job at some point
  2. A college degree means veteran is employable
  3. Attending college is the same, or about the same, as having a job
  4. Ability to have a job prevents TDIU determination
  5. Shy of being a basket case, veteran could find some employment

RELATED: Voc Rehab Counselors Pushing Veterans Out Of Chapter 31

First Individual Unemployability Misconception

First. There is no doubt that intelligence will allow any veteran a fighting chance at doing well in college. But college performance alone does not equal good employment performance or mean the disabled veteran will have an ability to get an offer after an interview or to land an interview.

Irrational exuberance at the prospect of future employment seems more like a theoretical hope than a practical conclusion.

No one can tell the future without a crystal ball, at least for me.

Accordingly, the VA examiner’s conclusion must be based on practical footing rather than based on a “mere theoretical ability to engage in substantial gainful employment…” Timmerman v. Weinberger, 510 F.2d 439, 442 (8th  Cir. 1975).

This means the examiner’s “theory” of being employable in the future does not pass the legal precedent requiring VA to draw a “practical conclusion.”

Second Individual Unemployability Misconception

Second. A college degree does mean disabled veterans can work in sedentary type jobs unless a service-connected disability, such as a mental condition, precludes this option.

Recently, a disabled veteran was held to not qualify for TDIU with a college degree for various reasons. They did not have a service-connected condition that would interfere with sedentary work, such as a mental illness. The same veteran had also not applied for sedentary work.  It was also not shown that the veteran had been terminated as a result of his disabilities.

Looking at this from the reverse, a veteran with a college degree who has been terminated from jobs as a result of their disability would likely have an easier time showing their disability prevents them from maintaining employment, despite the degree. Citation Nr: 1009771.

Third Individual Unemployability Misconception

Third. Attending college is not the same as working for a company. Anyone who says otherwise does not know what they are talking about.

In college, the institution is paid money in order for a student to receive an education or training. I am sure many employers would be thrilled to receive regular payments from employees in order to be allowed to work.

What a bargain!

But, this is not a practice in reality. Attending college is not the same as gaining or maintaining employment.

Fourth Individual Unemployability Misconception

Fourth. Veterans can maintain employment and still be eligible for TDIU.

In South Dakota, the Board of Veterans Appeals agreed. They found a veteran to be eligible for TDIU despite working 30 hours per week as an automotive parts salesman for 4 years. Citation Nr: 1027075. There, the veteran had long been employed in this field, with two years of college and experience in automotive maintenance.

Even if a veteran could find work, the work must be substantive and ongoing to disqualify the veteran from TDIU.

Further, the term “unemployability” “is synonymous with an inability to secure and follow a substantially gainful occupation.” VAOPGCPREC 75-91. In this decision, the veteran had worked in the specific position for 4 years.

If 4 years in that job was not considered a “substantially gainful occupation,” employment for a lesser period would fall within this classification.

RELATED: Does Voc Rehab Reduce GI Bill Entitlement

Fifth Individual Unemployability Misconception

Fifth. It is not a requirement to be “mush” or a “basket case” to be qualified for TDIU. This seems to be a pretty straightforward conclusion from the Board:

It is clear that the claimant need not be a total ‘basket case’ before the courts find that there is an inability to engage in substantial gainful activity.  The question must be looked at in a practical manner, and mere theoretical ability to engage in substantial gainful employment is not a sufficient basis to deny benefits.  The test is whether a particular job is realistically within the physical and mental capabilities of the claimant.

Citation Nr: 1023321

Veterans can function and even hold limited employment or sheltered employment and still receive TDIU.

TDIU Summary

In summary, VAOPGCPREC 5-2005 seems to completely contradict Examiners position. Veterans can be eligible for TDIU on a temporary basis while seeking rehabilitation.

The VA examiner was unaware of this decision and of the other contrary positions by the VA Board of Veterans Appeals. But, that did not stop him from making false statements of fact and law to me and likely other veterans.

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  1. I was rated at 100% service connected disabled for mental health issues (bipolar disorder) Sept 2014. My letter of benefits state that I’m not permanent or totally disabled. From what I understand I will be reevaluated 7 years from the date I was awarded the 100% compensation. I have been fired from 3 jobs, put on a “final notice” from my last job. My current job I’m having difficulty in performing tasks assigned (as a part time sales associate at a clothing store and I work maybe 20 hours a week). Am I automatically considered IU @ my current disability rating? My doctors know about my difficulties with my past and current jobs. I’m no where near working at my educational/ military training level as a US Navy HMC/IDC because of my mental health issues. I cannot provide medical/ patient care and my security clearance was taken as well when I was diagnosed as Bipolar. This past week I’ve applied for SSI. I have difficulty making ends meet with the disability pay I’m currently receiving. I just need a little part time job to help myself have some quality of life to make ends meet, have food, gas in my car, ect. I only make $10 an hour. Should I just quit my job?

  2. I have been drawing SSD and unemployablity 20 years ,I am going to have to have surgery on my back. If this improves it will it cut out my unemployability?

  3. I am 90 percent disabled (93 using the chart) and receiving Individual Unemployability. Twice now due to mobility issues it has been recommended by both a private provider and a VA Audiologist that I get a Cranial MRI. Twice now the VA has denied that MRI saying that I do not qualify for payment by the VA for this MRI. Per the VA care Priority system I am a Group 1 Priority care qualified Vet. That should meet the requirement that the VA fund the cost of the MRI. Can the VA legally deny the MRI?

    1. This is what I sent the VA:
      As you know I do have a Service Connected disability for
      hearing. The Audiologist on 11 May recommended the MRI to
      rule out an inner ear problem. Specifically: Suggest
      Temporal bone MRI to rule out Internal Auditory Canal tumors,
      which may cause imbalance. Then I get the response that it
      cannot be approved. I noted that my hearing had degraded
      and declined hearing amplification at the time. Is the inner
      ear not part of hearing? I still have the imbalance problem.
      Call it frustration on my part but my VA handbook even back
      when I was rated 70 percent disabled had me listed in
      Priority group 1. Given the imbalance issue could very well
      be caused by an inner ear tumor, which would also degrade
      hearing why wouldn’t we proceed with ruling out an inner
      ear problem? I am assuming this would fall under Ancillary
      care 38 USC 17.49 and could be authorized via
      USC 17.53 f (iv) For a disability associated with and held
      to be aggravating a service connected disability. I am not a
      Lawyer. I just want to make sure that the VA absolutely can
      or cannot accommodate the twice Physician requested MRI.
      Kelly Lynn Brown

      So far no response!

  4. Im 30% disable for mental And been on SSI Since 2000 for a work injury and inquire now bone diease/ Osteoporisis and thyroid nodule and Had 2 Spinal cord Surgeries double fusions and looking at another operation for another Spinal cord compression at C-2 And Had a ICD implanted for my heart which increased my Status for Mental clarity Could i posdibly get this increased to 100% ??? Been unemployable Since 1997.provable

  5. I was awarded 60% for kidney desease. I was denied for my colon cancer. However I am home bound due to cancer and can not work . Can I apply for UI.

  6. I am rated at 90%. I’ve been appealing this decision since 2013 when original rating was awarded. Went for C&P earlier this month and had Voc Rehab appt. today ( 11-28-16 ). While at VR appt counselor (newly) assigned suggested I apply for IU due to worsening disabilities. Said she would write a letter and submit it to C&P for IU. She told me that after looking at the results of my C&P exam it wasn’t going to be approved therefore she was suggesting the IU route. So my question is…should I put my faith into a counselor who in my opinion “usually” is the one who words everything so that your claims/appeals are denied?

    1. Hi Tony;

      I would suggest taking your case to the DAV “Disabled American Veteran’s” I would also suggest getting a letter supporting your current situation from this counselor.

      I used to be at 90% and like you went to a VOC REHAB appointment, however they pulled me to the side, and told me why I did not qualify for their program.

      That counselor wrote me a letter. Which I in turn submitted with a bunch of other evidence to the VA through the DAV.

      I am of the opinion, that every little bit helps. Only you can answer your last question.

  7. Who should you contact if you know someone who is receiving benefits but is able to maintain full time work and makes well over the poverty level and brags about how he is screening the system.

  8. I was recently approved for 50% major depressive disorder service connected. I am also service connected 10% left ankle 10% right ankle and 10% scarring for a total rating of 70%. My award letter said that individual unemployability is deferred. A couple days later I received a letter from va saying that they are still working on my claim and they still need the form for individual unemployability. I sent it in and I’m wondering if I will have another c&p or will they use the one that I just had for my claim a couple months ago?

  9. I am a military retired 20 years, I have 50% ptsd, 50% sleep apnea, 10% tinnitus total is 110% but I was awarded and rated only by the VA 80% Disability. I have no job right now because I go to training school full time. Am I qualified to apply IU ( Individual Unemployability ) ?

    1. If your only reason for not having gainful employment is because of “training” and “full-time school” than no, I would assume that you do not qualify. IU is for people who cannot hold gainful employment. Example, I was working full time, but missed a lot of work for years while trying to hold a full time job. The work I missed was because of a VA disability. I cannot hold gainful employment. I went to VOC – REHAB and they would not let me go to school with their program because of other VA disabilities. I am at 90% and IU pays me like I am 100%. I would rather work than have IU, but am unable to hold the job. Thus the IU status.

  10. I am on IU now and going to college and trying to get off of it, I am a combat vet and was surprised to be awarded this. Since my return from Iraq in 2003 no one would give me a job nor give me a chance, I was told from employers that I should have done something with more skill then being an airborne infantryman, because they can’t use me. I have been trying to gain more skills to be worth a shit to society but I keep getting stoned walled for my disability (PTSD,Bipolor). Its like people are scared of me, I just want to live a normal American life, if I can’t get thru college are they going to make me totally disabled? Got IU at 29 about to be 35?

  11. One VA evaluator thought that because I have a job, even though, the job was severely accommodating my disabilities to the point to where I was only able to do a 1/4th of my job and I was married, even though, my marriage was having severe problems, I was told I could never get a higher rating of 70% for my mental disability. I therefore, continued to work for another year before I just could no longer work and then submitted for IU. I had to wait almost a year for my claim to get adjudicated. Good thing I could fall back on an early withdrawal from my 401K to hold me over for those 12 months while the VA adjudicated my IU claim. What a joke the VA is and the incompency some of the evaluators have. So, I confirm this article does prove some of the bad apples the VA has in their most important skill sets.

  12. I’m rated at 90% disability but I receive 100% due to IU. I recently received a job offer for a position that wouldn’t put me in the same position I was in to lose my employment as I have before. This career would be gainful employment and I know I would lose my IU status, which is alright, but would I be reevaluated for the 90% disability that I was rated at before?

  13. Hi my name Phil Garcia

    I served in Desert Storm as of September 17, 2015 I have had my 12th stroke like episode, which caused my left side to become weak, heavy and cold and in major pain. On a couple of occasion completely paralyzed, all my other episodes I have learned how to walk again and gain about 75% of my strength back, my last two episode in 2011 took me 2 years to go back to work and that time I gained about 50% of my strength. as I get older it is getting harder to recover, all my other episodes the VA has called them undiagnosed. This episode the civilian doctor said this one was a stroke however the va doctor said no it was not, but any way at this time I can no longer work. I’m currently receive the rate of 70% at this time. Can you give me some advice on how to fill out my VA paperwork, I do have a Rep @ Texas Veterans Commision but currently their no help its one single lady who takes care of all of Johnson County. in need of some advice I’m tired of losing everything I have I have lost one house and now possible this one and this time my family wil be homeless.

    1. Why in the hell? The fact that you have been having strokes years later Warrant a service connection? You’re probably not taking care of yourself, and are severely out of shape.

      1. That’s what I say! “why in the hell?” Why in the hell do you come here and speculate then spew bullshit from your cockholster?. You know this guy? You know anything about him besides what he’s said here? Don’t you have a tree to go hump for awhile??

  14. I know that I meet the criteria for (IU) Individual Unemployability. My
    question is I receive no ‘earned income’ from a job since I don’t/cant work, but
    I do receive an annuity from the last Job I worked at. Does the VA use that
    annuity income to determine my eligibility for Individual Unemployability
    comprehension? Thanks

  15. 2 Years ago I underwent my third spinal surgery; two microdiscectomy later, I was under the knife once more this time for a fusion. My rating for degenerative disc disease has never changed beyond 20% but after that third surgery VA offered a letter of TDIU/IU. I refused being only 33 and still working as a high school teacher. How is that I can be offered TDIU/IU my combined rating is 88% rounded to 90% but my degenerative disc disease rating never changes? Should I fight this. I want to keep working, I’m using VR&E right now to go to nursing school but I want an accurate rating. What should I do? Thank you.

  16. Recently received my 100 percent rating UITP they gave me back pay for 6 months but my va primary physican and psychological had taken me out of work for the past 4 years what can I do

  17. I’m 100% iu and want to do volunteer work with the Red Cross it’s for my back and other things. So I guess I am asking, would it be okay or not?

    1. As long as the work doesn’t go against your disabilities you should be fine but if you have a doubt I wouldn’t.

  18. I need advice The VA sent my IU letter to the wrong address and since I did not fill out the form they now have my pay at 80% I went to the regional office and signed the IU form plus a form stating that I didn’t receive the letter and that I still dont work how long will it take before they fix my rating and pay back to 100%

    1. it depends it can be done quickly or they could take you through the whole rating process which may take 6 months to 1 year to fix. It really depends on your Local Regional Office and the Claims Backlog for your particular type of case. I would check in with your Regional Office once a month until they get tired of looking at you and tell you exactly how long it will take.

      1. Thanks for the info… Now im just hoping that they pay retro pay for the months they paid 80%

  19. The VA sent the IU letter to the wrong address and now my Benefits changed to 80% I went to the regional Office and signed all the paperwork stating Unemployability how long before my rate goes back to 100% and will the pay back for the months that they paid me 80%????

  20. Hello, to my friends out there i am testifying about the good work of a man who helped me, it has been hell from the day my husband left me i am a woman with a kid my problem started when I travelled, when I came back i never knew he was living but as at two weeks i did not set my eyes on my husband i tried calling but he was not picking my calls, some week he called me telling me that he has found love some where, easy at first i never took it to be serious but day after he came to the house to pick his things that was the time i noticed that things is going bad i taught he would come back but things was going bad day by day i needed to talk to someone about it so i went to his friend but there was no help so i gave it up on him, month later i met on the internet a spell caster i never believed on this but i needed my
    man back so i gave the spell caster my problem at first i never trusted him so i was just doing it for doing sake but after three days my husband
    called me telling me that he is coming home i still do not believe but as at the sixth day the father to my kid came to the house asking me to forgive him, the spell work from that day i was happy with my family thanks to idigun priest of (Owonikoko). Idigun priest is a great man you need to try him you can as well tell him your problem so that he can be of help to you his content email is this “[email protected]” indeed you are a priest thank you for making my home a happy home again. Remember his email is [email protected]

    1. Why are you posting on here? This is veterans. In no way do we need to hear about your tragic love story. I’m sure everyone on this forum has at least one heartbreaking story.
      Getting some back in your life with spells and trickery is a desetful distasteful way if it even works. Sounds like a scam quit trying to scam is Vets. Take your witchcraft elsewhere.

      1. Not specifically replying to your question. I was honorably discharged in 07 after 2 Iraq tours. My past decade has been filled with failure. The VA is paying me 100% unemployable disability because I don’t know how to fit into the civilian world. I had 3 TBIs and some shrapnel but 100% on ptsd alone. If I just got the therapy instead of 100% unemployable, I’d be better. I’m now confused and never been more depressed. If I work they say I’ll lose all bennifits. I can’t go from not working to making that money after 10 years of sitting on my ass. Wtf do I do?

  21. I am currently using chapter 31, I was med sep’d due to a back injury. I went to one evaluation when discharged, and felt guilty complaining about the pain I go through daily because I have friends who died, and missing their limbs. I didn’t want to deal with the VA either. I buried it deep hoping it would go away….. it didn’t and got worse. I was homeless and had to get a job to to provide for my family. I ended up losing my job and I was hospitalized. I began getting help in the VA and processed my claims. I was rated 80% and as of now I know I cant work I have a hard enough sitting in a class room. I was told by my VSO to apply for temporary IU My psychiatrist wrote a letter on my behalf.
    I had a voc rehab counselor say I didn’t need IU and that they will most likely kick me out of chapter 31. My disabilities prevent me from having gainful employment for the jobs I due qualify for, which is why I go to school but I don’t make enough money to afford the basic cost of living………
    which is why I want to apply for IU which I qualify. The Voc Rehab counselor said she has a veteran who is missing both his legs and feels guilty for not having psychological problems……. She was rude and not helpful at all.
    Basically my question is can they really kick me out of chapter 31 if I get temp. IU?

  22. He is a list of the madidies that i have and get to enjoy everyday,

    PTSD – full blown with out a dought to the point of being agoraphobic, to the point of very rarely leaving the house. almost never at night too many things in the shadows , I can see the hear the but I realized that they dont exisit and dismiss them but its unnerng reguardless,but oncein a while i end up in the bushes for a couple hours till i calm down.
    Borader line Personality disorder
    Bipolar type 2 started while i was active duty,
    diebities type 2
    coranary malfaction with post acs
    neuropathy hands and feet middle of the road advanced
    hypertension high as 1185 over 135 with a restung heart rate of about 120
    high colesteral and trigliserides
    Raynaud”s phenomenon
    25 % skin graphs after suffring over all 56% burns 2nd & 3rd degee
    scarded lungs vairous casues breathing in fire didnt help either
    2 compressed discs in lower back
    torm menicus right knee interior though the postior horn into the extior large clevagetear and it causeit to lock up once in a while other wise just hurts almost all the time. ( has cas more that on vist to the er like fallin down a flight of stair etc)
    arthristus in both shoulders
    fusedbones in right foot making hard to walk thank god for the neuropathy other wise i couldnt stand on it it hurt so dang bad,

    the gave me a va pension for unemployability 100% while they are processing the compensation claim. how ever they frogot )jejeje) to at my dependates sooo about half of what it should be..spouce cant work, i rarely can be active for more than 20-45 min with out need to take a 1 or 2 rest and it getting worse

    i asked my bank for a forbarance while all of this has been escaling and talking with the va house etc now the bank has decided to move forward with for closing on our home anyways. so in a about 2-3 months we will be homeless as well lol. filing for ssd/ssi minimun turn around time is 5 month if everything is perfect.

    question is i have run my self in circuls tring to firgure something out but I’m at a loss the foorberance they gave me was a joke, the bank showed up and left the mediation meeting with out resolving anything, VA regonial is trying to help and have request the my claim be expidited, but the claims dept says sence the granted the pension the rest can wait like everyone else. okay.. i have written the DOJ about the bank, and st about everyone else that i can thing of, the attys I have spoken with wont take the forcluser case becuase Bank its with is next ot impossible to win against the have ab army of lawers.

    I really at my end.. i dont have a lot of time left here in this world (doc said maybe 6 months that was 22 months ago I stuborn not going till this is fixed) and i really trying to get this figured be for i go. i have 3 dependent minor child all special needs and a spoue that doesnt speak english and all this went to shit before i finished her imigration paper work so she can’t work. i dont have the income to finish it now and have lost the ablity to suport her/them which is a requirement

    Any ideas, sugestions, resouces, i dont know what to do. please I’m about an inch away from completly losing it.

  23. Have 70% rating for ptsd. Have applied for IU and or appeal of original rating. If approved be either will the back pay go back to my original filing date for benefits in 2009

    1. No…. Similar boat going through the process myself. Went to the regional office spoke with them before filing.
      You will get your retro from the day you file either IU Notice of Disagreement or notice of reconciliation.

    2. The answer varies, if you are applying for IU (BTW, always apply for Permanent and Total IU), the answer is NO. You will only be paid back to the date of application. If you are filing an NOD stating yuo were mis-rated at 70% and the you should have been rated at 100%, the answer is YES, you should be paid back to the date of the original PTSD claim. CAUTION: Whenever you apply for an increase in rating, you also subject yourself to the possibility of a decrease in rating.

  24. I am 100% p &t. Sc for lupus. I would like to work part time. Can I work without losing my benefits? I’m also a single parent of a 16 year old son.

  25. I am 100% P/T with statutory housebound criteria due to having 100% plus 60%. I was just recently awarded this rating while attending school through voc rehab. I have graduated and been offered a position for full-time. My question is am I at risk for loosing or being reduced of my rating by working? Thanks.

    1. Off topic. Did your benefits increase when 60%was added? My husband is 100% and just rated with 70% more all secondary. Comp increase was $100 per month

      1. Homebound statutory is only awarded on the additional combined rating of 60%, if those components composing that 60% rating are unrelated to the basis for the 100% rating on which the TDIU is based.

  26. I just don’t understand. I’ve been on IU since 96, and I went to Court to get my SSD approve because of service connected illness. Now, it’s been 17 yrs since I’ve been on IU and now I received my first application employment questionary since I received my disability 90% SC with 100% IU. i Received this application but no letter explaining why I am getting this now. So, can anyone explain to me why after all these years I am just receiving this form? I am still not working. So, please tell me something before I return it back to the Regional Office.

    1. Well Veronica until you reach the 20 year period your TDIU can be taken. I will find and post the CFR in question. Here I found it:

      § 3.951 Preservation of disability ratings.
      (a) A readjustment to the Schedule for Rating Disabilities shall not be grounds for reduction of a disability rating in effect on the date of the readjustment unless medical evidence establishes that the disability to be evaluated has actually improved.

      (Authority: 38 U.S.C. 1155)

      (b) A disability which has been continuously rated at or above any evaluation of disability for 20 or more years for compensation purposes under laws administered by the Department of Veterans Affairs will not be reduced to less than such evaluation except upon a showing that such rating was based on fraud. Likewise, a rating of permanent total disability for pension purposes which has been in force for 20 or more years will not be reduced except upon a showing that the rating was based on fraud. The 20-year period will be computed from the effective date of the evaluation to the effective date of reduction of evaluation.

      (Authority: 38 U.S.C. 110)

      [34 FR 11970, July 16, 1969, as amended at 57 FR 10426, Mar. 26, 1992]

  27. Hello,
    I am veteran with 90% connected disability, I am currently working, but I spend more time at the dr’s and on sick time or leave without paid due to my disabilities. I am supposed to work 40 hours in the week, but I only clock between 26-36 hours per week. Several people have told me to apply for unemployability because of that. My conditions have got worse and I have told my dr, which I will be seen again this coming week. Should I tell my intention? Who do I seek help? What documents will I need to start this? Do I need to quit my job or continue to work?


  28. Hello friends, I am a 68 year old Vet rated 60% for back condition (lower and upper, service connected) I was rated at 100% by Social Security in 2000, and received SSDI until I reached 65 and was transferred to social security retirement program. I applied for 100% unemployability with the VA sending in the statement of findings from the Social Security admin. as soon as I received the SSDI rating (2000). I again sent in the required paperwork with the assistance of the DAV. in 2005 since the VA had not responded to my 2000 application. The VA office in St. Petersburg claimed they did not receive the 2000 application , or the Social Security ratings statement of findings sent with it . In 2009, the DAV claimed that they were continuing to represent me, but had not had a ruling yet on my 2005 application . When I got our senator involved in 2009, he was told by the VA and DAV that records of my applications were not available for scrutiny and “no adjudication had been rendered”. On the advice of Senator Nelson, I re-applied In November of 2010 for IU and 100%. I sent all the papers sent earlier along with more recent information from local physicians in support of my assertion of unemployability and 100% rating justification. To date, I have received NOTHING since the inquiry on my behalf by our Senator. I cannot seek the help of an attorney without a denial of my application. So here I sit….waiting still !

    1. you can call 1-1800-827-1000 and speak with a compensation rep. they document every time you call and then ask to speak with a supervisor about your case. they should be able to tell you how far along it is. You can also contact your local DAV and have them represent you. they can be your power of attorney and get your claim completed. you can contact me if needed. I am a medically retired combat medic. Email [email protected] hope this helps you.

  29. What moot means exactly os ot does not matter. what happened did you get 100% p/t and the letter said your claim for IU was moot?

    1. Jon, I got the same answer when I applied for IU. I am 100 percent P&T. I get home bound because I have other disabilities that total 60 percent. I asked for IU because the VA went after my others disabilities and started down grading them. I asked for IU as I cannot work and I will need IU if they onto ur to reevaluate my other ratings. I see what the are doing. I don’t believe you can get paid for both IU and home bound correct?

      I accepted the letter that said it was a moot point, but now the VA is trying to lower the other ratings. Crooks I say

  30. Fausto. Yes you should apply for ssd. you will probably get denied first, but then just get a lawyer it is worth it . I did… I got my ssd back in 2007 retro to 2004 and finally gor my 100$ p/t from the VA in april 2012…. Now I am geting reevaluated by ssd… I sent ssd all of my va paperwork I hope they take the VA decision into consideration….

  31. I am 80% with IU so I get 100%. I had a job last year for about 5 months and made a lot of money but it was temporary and I haven’t worked since. My 100% pay started in March and I worked from mid Jan to mid June. Would I count the income from when the VA started paying me? I am confused and nervous that I might not be able to support my family if I get reduced. I got an Employment Questionnaire today and am scared to send it in. I can’t go back to work. I tried but it’s too much. Can anyone advise. Thank you.

  32. Let me see if I get this right. I’m in the process of claiming disability compensation for Major Depression PTSD and Sleep Apnea all service connected.It’s been more than 3 years since I lost my job for the reason stated above.If I enroll in college could I risk the chance of not getting TDIU compensation or it doesn’t affect the decision?

  33. This information may give me the help I need with Voc Rehab. Councilors in the past have verbally denied me Voc Rehab based on my APPLICATION for TDIU. I am 90% service connected disabled with appeals and claims pending. I am also applying for my SSDI. If the Voc Rehab councilor still deems me disqualified for the program even though they will obviously be in error I am not leaving his office until I have that in writing to use for my appeal and in my SSDI claim.

  34. I am a vet also just went through my comp appts ii have bipolar 2 and server anxiety I have not been able to work since my disorder I had just came out of the hospital because of this all with sexual assault. When I was in her office and she was asking me all these questions I wanted to run out of her office I hats leaven my house I don’t like to be around anybody I don’t go to the store thank God for fiancee cuz he does everything for me I was just wondering what do u think I would get … any help would be great I am in thearpy but I struggle even going to those cuz I don’t like to be around people or large crowds thanks for reading maybe u will be able to help me figure. It out

    1. Armymom, you need to apply for compensation for you injuries. MST is strange to apply for if you did not report it or cannot verify it on some way. You have your doctors and your hospitalizations. You have many of the symptoms. Do you have any witnesses? Did you tell anyone that can write a letter for you. Letters from anyone that can state that yourersonality has changed.

      Go to a VSO and get advice. Their is a lot of information out there. You do know that you can get all VA paid care for MST related illnesses without being service connected. They should’veroviding all of your therapy anday for your hoital stays.

      Let me know if you cannot find this in writing. I will research it for you.


  35. My Husband is a disabled VET and he got a letter stating they assigned a permanent 100%. It says he is 70% PTSD with insomnia. It says his overall or combined rating remains 80%, we are continuing to pay you at the 100% rate based on entitlement to individual unemployability. My question is can he go to school? He would still be able to use his GI bill, I think.I am a RN and I see thathis condition is getting worse. He is so depressed, feels worthless and feels he has nothing to live for. I hate to see him like this, it breaks my heart. I know he is not getting the prope treatment at the VA but there is nothing I feel as if I can do. I know with the right help he can get to wrking on feeling better but he is 28 and feels like a prisioner in his own house. He and I think if he can go to school to get out of the house and have something to do he would feel more productive. I know he will not be able to work or use any degree he could get but I think it would be a therepy, The PTSD will never go away and will always be on meds and the back problems will always be there reguardless of surgery. Ok, so I gave a spill about my hubby but I really need some info on what his rights are about going to school because he thinks he cant go and cant even volunteer anywhere without being in fear of the VA messing with his amout of money being recieved by ratings.

    1. Have you looked into the VA Caregiver Program? This program is for Veterans of Afganistan and Iraq. The money is paid to the caregiver (Spouse, Friend, Relative or hired Caregiver). You should look into this program at this program has helped me take care of my husbands depression and medical issues.

  36. i was told by dav rep after my c/p i was 100% schedule p/t no c/pi have been waite ing 7 month still no letter award also i have have 7 years reto come i called r.o. they said they are crossing the t,s dotting the i,s i called and they seem to know less if you can help good

  37. Hi Ben. I just received a 100% service connected disability from VA for bi-polar and depression. It does not say unemployabilty.
    1) they have me scheduled for a review in 5 yrs. Did they just put that on my disability cert or will they re-evaluate me? I thought 100% serice connected is for life.
    2) I was approved for the VRAP program before I received my rating. Can I still go to school or does it jeapordize my rating?

    1. Hello Steve , would have said You cann feel safe for 10 Yrs back back then
      ” my case .. any way” am entitled 150 % with my Disabilties. An felt all was fine like You .. I assume , but after 10 Yrs ” 1992 ” they tried to bring me down to 40 % !!!
      going to school shouldnt jeopordize your disabilty rating

    2. i am currently waiting for my decision from the VA Nashville,TN. i am 50% bipolar with major depressive disorder and severe anxiety, 10 tinitus. I went back in 2011 for a C&P for mental, i seen the same dr. that had been the one who completed my inital claim. I spent 5-10 minutes with hhim. i recieved notice of denial of increase. i appealed. i then decided 1 year later to go to VSO still had not heard heard anything. I went C&P july,27,2012. I asked to see different evaluator. female to be specific. Husband went in the exam with me. She didn’t say muvh, She asked him lots of questions, i had all my notes my brain tends to run everything together. at the very end she said ” i have evrything I need.” concerned a little. Not sure if it went for me or against me. I have documents from both my phscologist, and phyciatrist, station i am 100% unable to be around people in groups, and unable to have a job, due to severity. I can’t stop thinking and obsessing, as i am manic now.

      I think a little insight on how you eval. went would give me a rough idea on what i am about to recieve within the next few weeks to couple of months at most.

  38. Today, 14 Jul I just received back my claims for Clothing Allowance which I received last year with no problem. Well, the VA sent me another request that said I needed to submit another claim for multiple clothing allowances which had already been approved 2010. But,  he said because last year we paid you CA for both knee braces. Now, because of a new law they have to pay us for each brace and they will have to approve off on it again. So how do I fill the paperwork out for the second claim because I have to have surgery but I don’t want a knee replacement. What should I do?

  39. 50%ptsd , 30%migrane, 30%skin condition 30%skull fracture, 10%tmj,10%high blood pressure. combine rating 90%. quit working last july, apply for IU in Nov 28,2011. 3 C+P Exam in March 10,12,22. what next, help anyone , I’am comfuse? should I apply for Social Security

  40. I have 70 % ptsd 10% back and stomach . Rated at 80% I’ve been out of work for the 4 yrs. Can not get medical DOT card ! But nobody will not let drive without card, what should i file or keep looking for a job

    1. i retired from my job of 40 years I’m 70 years old i get 60% va can i be unemployability and get 100% va

      1. No. That would be taking advantage of the system. IU. Is for people who are unable to sustain gainful employment, not for people who are retired.

      2. @J, what you describe is not taking advantage of “the system.”

        I can think of some scenarios where a person could be “retired” but also qualify for IU. For example, a person would “retire” where the service-connected disability also increased in severity to IU levels.

        That same veteran may be eligible so long as they do not receive an income stream from the retirement or elsewhere above the poverty level for a given year. Remember the difference between marginal employment or sheltered employment vs substantive gainful employment. The former two types of employment are not gainful employment and could result in the veteran being eligible for IU.

        However, it is generally unlikely a person who is retired will be able to use IU because that veteran’s income stream from retirement would likely eclipse the income threshold to use IU.

  41. Donna- I just wanted you to know that if your husband is 100% P&T there is no additional benefit for TDIU. TDIU brings the veteran up to the 100% rate. If your husband is already 100%, then TDIU becomes moot. Now, if you are trying to get special monthly compensation, that is additional above and beyond the 100%. That may be why the VA hasn’t addressed the issue, even though they should have sent you a letter telling you it was moot, and asking you to clarify if you were trying to get an increase via SMC. Also, you can always send in a photocopy of the one you have showing the date stamp, to prove your claim. And as to the effective date thing- you would have to check the rating narrative to see why they didn’t use the earlier date- it should say why the date chosen was used, and if it was a good rater, will also address why the 2004 date was not used. Hope this helps.

    1. no it is not moot…if you are 100% due to tdiu and other disabilities not related to your tdiu combine for 60% or more you are entitled to receive homebound pay on a statutory basis whether you are actually homebound or not.

    2. Susan, I am 100 percent P&T. I get home bound pay of 300.00 for that. If I did. Ot have other disabilities, I would not qualify for home bound. The IU puts another 300.00 on top of 100 percent. Any one else agree? I was told moooint on my letter because of home bound.

  42. Not sure if anyone here would know but thought I would ask an if no answer maybe be sent in the right direction. My husband is rated 100% total an permanment service connected disabled. we are in the AO group for Parkinsons an Ischemic Heart Diease. We have been told he should be getting TDIU, so we filled out the form never heard back either way they just never addressed the issue. When they did his rateing an sent the package they only paid back 1 year instead of from the first time he went out to apply in 2004. So in May we filed for them to reconsider that date an once again filed another form for TDIU, sent return rec. requested. 41/2 weeks later VA said they have no record of receiving anything(even tho they signed for it) so refiled it in person in June we have a copy that is date an time stamped, you guessed it 91/2 weeks later they have no record again it is now 13 1/2 weeks in an they say wait another 2-3 weeks while they try to find it an then we can refile again. according to them VRO in atlanta is taking an average of 190 days to process a claim. That would have the time at 40.5 weeks. Is there any recourse?????

    1. If you are already at 100%, then TDIU is not available. TDIU (Total Disability Individual Unemployability) is a way to get you to 100% if it cannot be reached thru combined disability ratings. (Ratings are “combined”, not “stacked”. In other words, 50% plus 50% does not combine to 100%. It combines to 75%, paid at 80%). To apply for TDIU, a veteran must have a rating of 60% or more on a single disability, such as PTSD, that would render him unemployable OR have a sinle rating of 40% or more with a combined rating of 70% or greater. The advantage of applying for TDIU based on a single disability such as PTSD, is that if approved, it automatically raises your PTSD to 100%. Then, if you have additional disabilities, not related to the PTSD (ie: hearing loss, muscular/skeletal, etc.) that add up to a combined rating of 60% or more, you will be paid SMC-S which is Special Monthly Compensation-Statutory. When applying for anything that will get you to 100%, ALWAYS apply for Permanent and Total as there is a huge difference. 1) you cannot be called in for reexamination, 2) you get huge benefits for dependent assistance for education (currently about $46k), 3) CHAMPVA Health Insurance for dependents, 4) several property tax breaks depending on the state you live in, 5) most states allow at least 1 free car registration…etc.

  43. I have been fighting with VA for over eleven years now. Two years ago they awarded me 10% disably which is only ($123@month). Well two years ago when I recieved my 10% I applied for social security disablitary and was approved for it (for the condictions that I have from the army). Before I went into the army I worked two jobs trained and taught martial arts, and played football. Well I can’t work two jobs, can’t train in martial arts, can’t play football, and I can’t even play outdoor sports with my children. I work as a pizza hut driver at about 15-18 hours a week. I even have a letter from my civilan doctor who was my doctor from 1987 and still is my doctor (except for when I was in the military). From feb 17, 1995 until March 21, 2000. In the letter he states Mr. Leadbeater is incapable of finding substantial gainful employment due to his conditions sustained in the US Army.
    My conditions are as Follows:
    1.) Shin splints stress fractors both legs.
    2.) Lower back pain (which is spers in my lower back).
    3.) Degantive Disk deasies in my back
    4.) 40% hearing loss in left ear (VA gave me a hearing aide that works about half of the time.
    5.) Right arm nerve damage (which a new VA doctor states is not nerve damage at all but cuff and rotaty damage and wants to inject it with steriores).
    6.) Color vision blind
    7.) High blood pressure (came down with it two months after I got out of the army).
    8.) Depression (from the army).

    I have been fighting with the VA and I’m on the verage of lossing my family because of this….
    If anybody can help me please e-mail me at [email protected]
    and let me know where I can turn to. PLEASE HELP MEEEE………………………………………………………………………………………………………………………………

    1. Yeah, you Sir needs to consult a lawyer that handle Veterans situation. Look them up there is a couple of them around. Check online.

  44. @cindy thanks, honestly… I haven’t found anyone with worse stories than mine. Everything is fine. I’ve just started to get into the internet more frequently and see all this debt cieling stuff going on and started freaking out… thanks for the info though. I did go to a vet center. Not the va

  45. What about schedular perecentages to qualify, 1 disability at 60% or more than one disabilites total of 70% one at lest 40%. How many non-scheular claims have you seen approved for IU

  46. Scott,
    Did you ever try the Vet Center? It is completely separate from the VA… they don’t share your info with the VA (so it is confidential)… but in case you need them to write a letter (when it comes time for a review)… your counselor will do it for you… in case that day comes, when they do want to bump down your percentage.
    Plus, they are really helpful there, and they ACTUALLY care, UNLIKE the VA.
    You might want to give it a try.
    A caring vet.

  47. Hi, I was rated 70% ptsd, they seemed to ignore my back and hearing and leg… anyways I’ve been getting paid 100% via iu. I don’t even try to work anymore. The stress that comes alnog with just the interview part [I know this sounds dumb] is very overwhelming to me. I don’t do the voc rehab, I stopped going to counseling, and I refuse to take pills. I had a review… a year ago. Nothing changed, they didn’t cut my benefits, they didn’t make me seek counseling. But I’ve ben getting paid iu for 5 or 6 years now. I’m really worried what would happen if they reduced me to 70% or cut me off for not atteneding seminars and what not. Wtf would I put on an app? My last job would still be 4th id 2nd brigade toc ncoic for camp warhorse, baqubah iraq. I, like a fool thought when I got home from iraq employers would see that and just roll out the red carpet… interview after interview after interview… nothing. Securiatus told me I would be considered high risk, the lowes manager looked me in the eyes and asked “so, am I going to have to worry about you?” Wtf am I supposed to say to that? I wish I never told anyone I went to war. I would prob have a low paying job and be normal and miserable like everyone else. West field insurance told me I’m not qualified to patrol their parking lot… so me personaly. I’m not going to be applying anywhere ever. I started woring at the age of 14 pourng concrete, 15 I started subway [I was a sandwich artist], 17 on to tgi fridays dishwasher bus boy, 19 boot camp, 21 in 2003 I sat in a tent and played “that mortar didn’t get us” for 9 months. Now I’m 28 almost 29. What would I do if they stopped paying me? Ill tell ya id be another suicide. I’m just writting this incase your thinking about scamming the govt for a 2671$ check. Unless you feel there is no other alternative, unless you want to live a meaningless worthless life for the remainder of your days. Don’t give up. Don’t do what I did. After 2 years of job denials I cracked. Well, I actually cracked durng a mass casualty exercise at my gaurd unit. People were laying around with fake blood, screaming, crying… once you have been in a mass casualty event… well its not funny at all. I can still hear them screaming in the dark. 8 years and I can still fucking hear them. One of my friends joke about me not being able to handle people dieing, I told him, “no death is peacful. Its the ones who get shrapnel in there head, or their eye, or lose a leg. Those are the ones I can’t handle. The dead are silent, the living scream.” If your having trouble seek help. Godbless you all.

    1. Scott. If you’re not seeking psychological help at the moment I strongly suggest that you do so. As to your interviews and job woes, go ahead and start learning something that makes you happy. For me its Engineering. I want one day to help this country of mine out with renewable energy, that is one thing I can do. I am going to school right now for engineering(and if you think you can’t do it: you can). I find if you have a purpose in life it helps. What do you want to do?? once you’ve identified what you want to do make a plan to get there. Voc Rehab is a great tool for that.


  48. I’m 70% SC (with a 40% SC disability rating for “one” body system). I was granted IU and back paid from 2008 – 2001. From 2001 – 2008, I attended grad school and earned a Master’s Degree in Counseling Psychology. When I initially applied for IU in 2001, I presented a letter, from my VA physician, which stated that I was unemployable. The VA denied me and I appealed. During the 7 yrs of appeal, I asked my primary care VA doctor to write a letter substantiating my IU. He did. When the Board of Veterans Appeals remanded my claim back to the local VARO, I submitted the additional letter. Because I had been terminated from my last employment because of my SC disability (and I had that proof in writing), and because I had two letters from two different VA doctors corroborating my IU, the VARO rating officer had no choice but to grant my IU. I was back paid $103, 000.00 and provided with a DoD ID card (for AAFES/MWR benefits not healthcare). The VA is not designed to help you receive benefits; rather, it is designed to deny you what is legally your’s. One suggestion for anyone who desires to file a fully favorable claim— READ THE APPLICABLE CFR (specifically Title 38, namely the Schedule of Ratings). The CFR’s are online and free to access by all. Remember, you, the disabled veteran, will probably know more than the benefits specialists from the VARO’s or the VSO’s. It’s the sad truth. Hope this helps at least one veteran.

    1. Hello sir. I have a question about unemployability wondering if I should apply for if I have increases pending and thinking about re-opening old claims. I’m at 80%. Thank you.

      1. Hi Tony, I am in the same boat. I realize its been a few years since this comment but I am wondering if you know the answer. I am 80% combined (PTSD, BACK) I have been fired from the past 3 jobs (past five years), but I still want to work. Should I request increases and hopefully achieve 100% so I can continue to work or shoudl I just apply for IU? If this helps, I know I can make over poverty level annually. Thanks for any advice.

  49. I retireed from Navy in Oct 1997 under the TERA progarm aiwth 16.5 yrs of service. I was in a rush to leave Guam so that I could fly out with my spouse who was transfering in September 1997. I was approved for retirement over the Labor Day weekend and I flew out of Guam on September 9th. Once I processed out in Norfolk VA I discovered my active duty pay had changed the Navy stop pay dependent pay and accidently stop my spouse pay. For a while we had to live on our savings. He went out to sea his command did eventually fixed his pay. But I was told I had to go thru the board of corrections to get my pay fix. This took over a year. I did not get around to addressing my VA problems until almost four years later. I had spent most of this time unemployed or working odd jobs here and there. In February 2002 I submitted a VA claim and it was flat out denied because I waited too long. The problem was that as long as I wasn’t working my pain was in remission, when I started working my pain returned. To this day I have been fighting with VA and going to Physical Thearpy after two surgeries. They still refuse to acknowledge my complaints. Even with a statement in my active duty medical record written by the sick call doctor stating that I would be repremented if I continue to use sick call for chronic pain. This was the basis for me requesting early retirement. The chronic pain is still chronic pain even after surgery. The navy never did anything but prescribed NSAID drugs for the pain. I also have other documented complaints. Last month they did send me to a VA doctor for one of the other complaints but I haven’t heard anything from this. They say my case is in an Appeal process. My question is, What can I do presently I’m not working. The only way I can work is to lie about my health. This is not just a statement but a proven fact in two cases. After my surgery I had applied for a job with an agency I truely qualified for. After a question about my GAP in my employment I had to reveal my surgery. I received an email three days later stating I was nolonger being considered for the position. Next after listing this conditions on an application for a GOV’t job the receptionnist told me that I wouldn’t get the job if I didn’t remove that condition. I was badly in need of work so I decided to take her advice and conceal my condition. I got the job. I struggle to do the job because of my chronic pain it was a struggle. But my supervisor was great and understanding. This was only temporary position. Now I’m back being unemployable. I have also applied for Social Security Disability. I’m still waiting to hear something from them. WHAT CAN I DO..

    1. Make sure you get order your pain pills in a timely manner . and never for get to refill your meds. go to pain management clinic, you can claim depression for pain and you can ask to see a psychiatrist and psychologist. You can Ask to go to physical therapy if you need it. Read up on all you can about your pain .
      you can put this information in your claim if it applies to you.

  50. Im currently in Philippines,,,have had appeals in for IU,since N0v08,,an one IU in Jul09,an TDIU appeal,,filed out by my DAV,,till date,,(my son lives in my home in states) has told me,no mail,from the VA has yet to come to our house,,,so I assume,,they are still in effect??..herd many of us,wait years,,an still get a letter ,fr VA denie the appeal,,,then hav to wait,like two years,for a court date,,,does anyone have any background like this??..Im 50% PTSD..and my other ratings,(seperate) are almost to 200 now,,but Im still rated at took me over ten yrs ,to get that,,,,,thanks,,,,,,,Nam Vet………………..

  51. I am a Vietnam Veteran who’s 100% TDIU was reduced Illegally in 1977 and reinstated back to the 1977 reduction date in 2002 which means my 100% has been effect for 41 years and further if you will check the VA’s rules on employment when a 100% rating has been in effect for more than 20 years u will see that u are able to work and make as much as u want and your 100% can not be reduced.

  52. I am medicaly retired from the Army. I recieve 60% disability v.a. pay for my heart. I have ptsd and am bi-polar. I recently had my voc rehab appt and was told that I would be doing an extended evaluation for a few months. My councelor advised me that I would probably be found unemployable. What does that mean? Would I have to file my own claim or does voc rehab handle that; how long would I have to waite; would that put me up to 100%; would IU pay be permanent total?

  53. I was just told by DAV that if I work one day I will lose my IU. How am i supposed to begin to integrate back into the work force after Voc Rehab if trying to work makes me lose my IU 100%? With PTSD I won’t know if I can work full-time until I try to work-full time. I planned to start as an adjunct professor working in short 8 week accelerated learning programs. If my PTSD allowed me to handle that I would increase and increase until I knew I could handle full time. But DAV says if I work one day i lose IU 100%. How do i ever get out of this trap? I need to go in easy, but I can’t if that means automatically losing 15,000 a year?

    1. I would strongly encourage you to do your own research.

      As I understand the regs on IU, you lose it if you earn over the poverty level in one year. So, when they audit you after ever year, if during that year you earn more than the Census Bureau consideres the poverty level, you have to pay back the money you received for the whole year. The poverty level was around $9,000 last year. If you earn more than $9,000 you could lose the IU benefit. If you earn less, obviously it’s a non-issue.

      Do your own research and find out what the regs actually say. Stop trusting others to give you the truth. The VA and Federal Gov post the regulations online. It’ll save you a lot of hassle.

    2. I am 90% disabled and 100% UI. Voc rehap say I can continue to go to school under their program. My question will it affect my benefits

  54. I’m rated at 80% total and permanent, mostly from PTSD, and receive 100% IU. Can i receive 100% IU and Voc Rehab at the same time? I was told by my service rep that I could not.

    1. A person can be temporarily allowed on IU. While you may have the intent to work, it means you are currently unable to find work due to your disabilities. Voc Rehab recently starting making it tough for people on IU to get into the program, but that doesn’t mean you are disqualified. I know of a few guys with 100% Total and Permanent who were able to get approval. One of them got a degree in Sociology and the other got flight training paid via an Aviation degree after already having an undergrad in something else.

      It can be done. We sell a pretty comprehensive guide on here to help you put your plan presentation together prior to your first meeting:

      1. I received unemployment prior to being awarded my IU. I am up for a review probably because my unemployment showed up as well as the income in 2011 prior to my being awarded IU. Will I have an opportunity to explain? My scheduled exam was not until 2016, but was informed I had a review as of 5/3013?


  55. Ben,
    My State Vet Rep advised me not to apply for IU, b/c I currently hold a Federal job (for about 6 months), before that I held a State Job as a Disabled Veterans’ Rep (DVOP), which I couldn’t mentally take anymore, due to the mountain of my own issues, in addition to the Veterans’ problems each day, and a year before that I was a Vet Tech (for animals)… which I left. The last job I had before that I left as well. Since I got out of the military, I can’t seem to get a job that satisfies me, because nothing will ever match what I did before. Despite this, I have been medically and physically going downhill for years. No one thinks it is serious, because I look completely healthy and normal on the outside. I am able to fake my social interactions very well… but when I go home, I break down. The VA counselors don’t take me seriously when I tell them these things, nor do the counselors, which is why I stopped going to the VA for therapy and all Dr. Appts all together. The system has failed me, b/c I am not missing a limb or because I am not 60 years old. I am desperate.

    1. Cindy, I know this is an old message and I hope you’re doing well. Somehow it needs well with an organization I am trying to start right now. Maybe you could be helpful because your story is so familiar to me and the reason I’m starting a organization in the first place. You can call me at 480 427 8317 if you are still seeking answers. Good luck

  56. Why is a spouse able to get schooling, but the 100% veteran who is over the 12 year rule cannot?

    Also, what is the simple answer to my question on October 15th?

  57. I am rated at 100%. I received this rating in 2005. I retired in 1993. When I got out of the service my rating was 50%. This 100% rating is service connected that I got in 2005. I am a college gradute but cannot get a job. Am I eligible to get another degree or training in a different field. I was told I am passed the 12 year point when I retired. Was that person wrong or am I still eligible to get another degree through the VA?

  58. I would like to go to graduate school, but I keep running into a barrier with my Voc Rehab advisor. What do you suggest I do to get around her? Moira

    1. You will never be able to “get around” your VA Voc Rehab counselor. The best thing is to listen to what they say and do what they request. If you want to go to grad school, you’ll need to show you cannot find work with your current skill set/education. A solid way of doing that is applying to jobs. If you do not get an offer, show the counselor all of your applications.

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