requested completion of the VA Form 21-8940 as Month DD, YYYY], we wrote and asked you to send us a completed VA Form Application for Veteran’s Increased Compensation Based on Unemployability. As of this date, we have not received a complete VA Form 21-8940. This form is required to further consider your claim. IU is established include an explanation or analysis of how impairment from SC disability supports the decision, and specify which disability(ies) render the Veteran unemployable. A conclusory statement Important: alone that the criteria for a total evaluation based on IU are met does satisfy the requirement to state not the basis for the decision. 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 table below provides guidance on properly handling intertwined IU Intertwined IU claims and appeals. Claims and Appeals If the Veteran has And while the appeal is Then an appeal pending pending for an increased the TDIU claim is now part the Veteran claims to evaluation for an of the pending appeal. be unemployable due, SC disability at least in part, to the Send the appellant a disability on appeal, Statement of the Case and (SOC) or Supplemental
requested completion of the VA Form 21-8940 as Month DD, YYYY], we wrote and asked you to send us a completed VA Form Veteran’s Application for Increased Compensation Based on Unemployability. As of this date, we have not received a complete VA Form 21-8940. This form is required to further consider your claim. IU is established include an explanation or analysis of how impairment from SC disability supports the decision, and specify which disability(ies) render the Veteran unemployable. Important: A conclusory statement alone that the criteria for a total evaluation based on IU are met does not satisfy the requirement to state the basis for the decision. 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 table below provides guidance on properly handling intertwined IU claims and appeals. If the Veteran has an appeal pending And while 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 TDIU claim is now part of the pending appeal. Send the appellant a Statement of the Case (SOC) or Supplemental
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