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Can't be employed full time and be 100% disabled at the same time.
Mutually exclusive.
The discussion is about Veteran's Disability which has nothing to do with traditional disability. Example, a veteran can be combined rated at 80% but be declared 100% by the VA, while another veteran can theoretically have 250% individual disabilities but only declared 90% by the VA. This is why we always advocate that veterans get a VSO to help them with VA benefits as normal civilians usually have absolutely no idea how the VA disability/benefit process works or operates.
You apparently didn't read what was in the letter. "IU being moot" means that since she is at 100%, no need to worry about something that could pay her at the 100% rate. Yes she can work, many 100% Vets work every day.
The 'moot' part is where we had the confusion. I understand the meaning of the word, just didn't expect in a government letter. Just wanted to make sure she could still work without something coming up a year later and biting us in the ass. She called and got everything cleared up for us. Most Google searches involving IU are about people looking to get classified that way due to a lack of work.
I had to quit my job due to a service connected disability which involved a total shoulder replacement , there was no way my employer would fire a disabled veteran for fear of pitch forks and torches at the gate. I was limited on clothing (shorts and T-shirt ) and they knew I would not last long due to weather and decided to wait me out knowing that I could not do the job due to severe pain and no use of my primary arm. my question is , can I still qualify for IU ? I have the necessary ratings and I am at temp 100% that will resume to 90% next year. I was told if I quit , I will not be eligible for IU, it would be nice to hear from someone who experienced this and understand the rules of denial and or award.
Last edited by buzzsaw1997; 12-02-2015 at 12:51 PM..
Reason: expansion of question
if I had to quit my job due to a service connected disability which involved a shoulder replacement , there was no way my employer would fire a disabled veteran for fear of pitch forks and torches at the gate, they decided to wait me out knowing that I could not do the job. question is , can I still qualify for IU ? I have the necessary ratings for IU. I was told if I quit , I will not be eligible.
If I were you, I would get in contact the my VSO. Seeing how your service connected disability involves your shoulder and you are unable to perform your job because of your shoulder this would be a no brainer. Typically, with the VA if you are rated over 70% and your disability does not allow for gainful employment, meaning you can not perform your required duties, then you qualify for IU. Again, seek the knowledge of your county VSO.
TerryJ, my VSO is the person that told me it would probably be denied....
Contact the American Legion or another Veterans Service Org, they have VSO's that are more than willing to help you. They will take your info and file the claim for you, and they will follow it through the process.
Terryj, I hate to belabor the problem, but my VSO is really on top of this situation. Every time I have dealt with him he immediately responds and files on my behalf. I have dealt with many VSO's since my retirement and this guy is reachable and knowledgeable. He actually returns phone calls and gives great advice, I am lucky to have him after going through about 5 others that "no longer works there" . My question really revolves around if I had to quit due to service connected disability, will I still qualify for IU. He is well seasoned and told me that if I quit instead of being fired, the VA will deny my IU claim , he has worked this type situation before. I was offered to go on disability from my job and refused it, I also pleaded with my DR to return to work at least part time so that I could at least maintain a presence to keep my job and not be a drag on an already lean staff, all a detriment to my case.My initial concern was to get back to work but could not perform the duties. I was starting to feel unwelcome so it was a waiting game of who would flinch first. I guess what I am looking for is a person who experienced the same position that I am in, win, lose or at least in the pipeline and any outcome that was adjudicated. I really appreciate your response.
I asked this question on another page, so , I' m going to try again. I had to quit my job (not fired) due to not being able to perform the job due to a service connected shoulder replacement. My VSO has told me that I would not qualify for IU, although I am 90% scheduler due to "I quit the job instead of being fired" .
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thanks
