Sugesstions For Maintaining 100% Disability Rating

[lee h sternberg]

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?

[thefedgotme]

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.