permanency of the IU evaluation is award Dependents’ Educational established Assistance (DEA) under , regardless of whether or not there appear to be any potential dependents. The rating conclusion must Note: include the statement, Basic eligibility under 38 U.S.C. Chapter 35 is established from [date]. For more information on References: IU, see , and unemployability, see . m. Handling The below provides guidance on properly handling intertwined IU claims Intertwined IU and appeals. Claims and Appeals If the Veteran has And the appeal is Then an appeal pending pending for an increased the Veteran claims to the TDIU claim is now part evaluation for an be unemployable due, of the pending appeal. SC disability at least in part, to the disability on appeal, Send the appellant a and Statement of the Case the rating decision (SOC) or Supplemental denies the TDIU Statement of the Case (SSOC) on all issues on appeal, including IU. on a denial of IU the Veteran that disability will also be benefits subsequently claims considered in appellate that an SC disability status. not on appeal causes unemployability, and Send the appellant an SOC the rating decision or SSOC regarding the fails to increase the evaluation of that evaluation to the disability. schedular maximum For more information on preparing an SOC and SSOC, see Reference: I, 5.D. 5. Special Considerations in IU Claims
permanency of the IU evaluation is established award Dependents’ Educational Assistance (DEA) under , regardless of whether or not there appear to be any potential dependents. Note: The rating conclusion must include the statement, Basic eligibility under 38 U.S.C. Chapter 35 is established from [date]. References: For more information on IU, see , and unemployability, see . m. Handling Intertwined IU Claims and Appeals The below provides guidance on properly handling intertwined IU claims and appeals. If the Veteran has an appeal pending And the appeal is pending Then for an increased evaluation for an SC disability the Veteran claims to be unemployable due, at least in part, to the disability on appeal, and the rating decision denies the TDIU the TDIU claim is now part of the pending appeal. Send the appellant a Statement of the Case (SOC) or Supplemental Statement of the Case (SSOC) on all issues on appeal, including IU. on a denial of IU benefits the Veteran subsequently claims that an SC disability not on appeal causes unemployability, and the rating decision fails to increase the evaluation to the schedular maximum that disability will also be considered in appellate status. Send the appellant an SOC or SSOC regarding the evaluation of that disability. Reference: For more information on preparing an SOC and SSOC, see I, 5.D. 5. Special Considerations in IU Claims
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