Jim,
I have had a knee replacement, service connected from the VA. I had 100% disability. Recently, I got the letter stating it will go down to 30%. I am in the process of sending my NOD. My question is, can I apply for the UI? I am 53 years old and have made attempts to look for work, however, even the local supermarket won't hire someone who hasn't worked in 3 years. What would be my first step in applying for UI? Form 21-8940 or 21-4140-1? Thank you for your help. Also if you have any advice on what to write on my NOD. I would appreciate it. I have read your website, so keep it short and sweet. Should I include I need the 100% to help pay childs support or is that frowned upon?
Thanks again!
Reply:
To lower a temporary rating from 100% to something lower is routine. The temporary rating is there to assist you as you recuperate from surgery. Once you've recuperated, the 100% is no longer necessary and the law says that you must be rated for the disability as it is today. The 30% is probably right on target so a NOD won't help you.
Whether or not you may apply for TDIU depends on your overall rating(s). If the knee condition is the only rating you have, you aren't eligible to apply for TDIU. (You may attempt to seek central office approval for TDIU but I don't recommend that you try that route.)
Please read http://www.vawatchdog.org/tdiu-unemployability.html
A veteran should never apply for a benefit because the veteran needs the money or any other part of the benefit. The law does not allow VA to offer you a benefit to help pay child support, it only allows the award when you meet the specific standard for the claimed disabling condition. I get email from a lot of veterans who are having financial problems and they want their VA benefits as soon as possible. VA pays no attention to such things because the laws written by Congress don't allow them to.
There you have it, short and sweet, just as you requested. If you aren't eligible for TDIU, I don't suggest that you apply.