Individual Unemployability

Individual Unemployability
January 17, 2017 dominick

Unfortunately, many Veterans who have suffered service-related conditions also have difficulties maintaining employment. Service-related conditions can cause a multitude of work-related limitations. In order to compensate for the inability to maintain employment, the Veterans Administration offers disability compensation benefits through the Individual Unemployability claims process.

Individual Unemployability (IU) allows a veteran to be paid at the 100% rate, even when their service-related conditions are not rated at this level. In order to qualify under this program you must have;

  • A 60% disability rating if you have only one service-related condition or;
  • A total combined rating of 70% due to two or more service-related conditions with at least one condition rated at 40% individually and;
  • The inability to maintain substantially gainful employment due to the service-related conditions

If you do not meet the rating eligibility as stated above, you may still be eligible if you have evidence that your service-related conditions significantly impair your earning capacity due to the interference with employment or frequent periods of hospitalizations.

In order for you to prove that you are unable to maintain employment, your records must show that you have difficulties performing work-related activities such as the following;

  • Standing, sitting and walking
  • Lifting
  • Maintaining concentration
  • Working with others

To apply, you must complete VA Form 21-8940-Veteran’s Application for Increased Compensation Based on Unemployability. Here at Attorney Jan Dils, we are ready to assist you with your application.