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I have undergone 7 weeks of radiation treatment for larynx cancer. I was exposed to Agent Orange in Vietnam. VA has placed me on !00% disability until May 2011 at which time I will be re-evaluated.
The radiation treatments will probably cure the cancer but I am unemployable because I can't speak above a whisper and even that fades after speaking for awhile.
Does anyone have any experience with this type of problem?
There's no set tip for this, because if the cancer is gone, then the cancer is gone. You can submit a claim for individual unemployability right before your examination in 2011 which will cause them to look at all of your disabilities. Here's the basic's of I.U. claims:
Schedular Requirements
Generally speaking, the requirements for entitlement to Individual Unemployability benefits are as follows:
· Single service-connected disability rated as a minimum 60 percent evaluation.
v Example: A Veteran is service-connected for asbestosis at 60 percent disabling
· Multiple service-connected disabilities rated at minimum combined 70 percent disabling, with one disability rated at 40 percent disabling or higher.
v Example: Service-connection for post-traumatic stress disorder rated at 50 percent disabling; diabetes mellitus rated at 20 percent disabling; tinnitus rated at 10 percent disabling; and scars rated at 10 percent disabling, making a total combined rating of 70 percent.
· Service-connected disabilities with a common etiology rated as a combined minimum evaluation of 60 percent disabling.
v Example: Service-connection for diabetes mellitus rated at 20 percent; peripheral neuropathy of the lower extremities secondary to the diabetes mellitus, rated at 20 percent each; and peripheral neuropathy of the bilateral upper extremities secondary to the diabetes mellitus, rated at 10 percent each. All the conditions are related (have a common etiology) to the service connected diabetes, with a combined rating of 60 percent.
· If the Veteran does not meet the minimum requirements, but provides evidence that his/her service-connected disabilities prevent gainful employment, the claim will be forwarded to Central Office for consideration of an extra schedular evaluation. Note: The claim should first be reviewed by a supervisor prior to sending it to Central Office.
· The final eligibility requirement is that the Veteran must be unemployable on the basis of one or more of his/her service-connected disabilities.
NOTE: A recent ruling allows a Veteran receiving Individual Unemployability benefits, and has a second disability rated at 60 percent, to receive Special monthly Compensation for Housebound. See Fast Letter 09-33. (For information only).
If a Veteran is receiving compensation at the 100 percent disabled rate, then entitlement to Individual Unemployability benefits is considered moot, as they are already getting paid at the 100% rate.