When filling out a VA form 21-4138, you will first need to provide some identification information, including: You can write in this fillable information by hand or type it on your computer. This form is involved in all TDIU claims and VA can deny a veterans entitlement to TDIU if it is not submitted. One important use of the VA Form 21-4138 is in the title of the form itself writing a statement in support of your claim for service connection. WebExample: Mr. If you are writing about aclaim for an increased rating, you are going to want to focus on how your disability has worsened over the years. The official VA Form 21-4138 is still the preferred document to use to write a personal statement or if you want to submit a VA Buddy Statement from someone with firsthand knowledge of the facts and circumstances to support your VA disability claims. When submitting a buddy letter as evidence in your claimfor VA disability benefits, you can do so in two ways: VA Form 4138: The VA Form 21-4138, or Statement in Support of Claim, is one avenue for submitting a buddy statement. #2. I feel that it's what got my claim approved. When submitting a buddy letter as evidence in your claimfor VA disability benefits, you can do so in two ways: VA Form 4138: The VA Form 21-4138, or Statement in Support of Claim, is one avenue for submitting a buddy statement. I have found that information to be incorrect as my medical records show and my spouse can attest that condition began in August of 1985.. Although VA has clearly defined the financial qualifications for individual unemployability, they have not defined the physical and mental acts required to maintain gainful employment. You cant hold down a steady job that supports you financially (known as substantially gainful employment) because of your service-connected disability. This is especially true for those who are new to gardening or just starting to explore different varieties. She is a proud University of Central Florida alumnus, graduating in 2019 with a bachelors degree in Legal Studies. I am board certified to practice in my specialty of orthopedic surgery. You must be open, honest, and uncomfortably vulnerable when writing your VA statements in support of a claim.

What is a VA Statement in Support of a Claim? Statement in Support of a Claim Sample: 4 Critical Sections Explained. While we still have our home base in Florida, A VA Statement in Support of Claim should be 3-5 paragraphs max.

Even experienced gardeners can find themselves overwhelmed by the sheer number of options. ***VA Statement in Support of Claim Video Timestamps & Resources***, 00:00 Brian Reese VA Insider Welcome Message. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. However I do agree that getting the C&P exam and have the VA Dr. that does the exam conclude you are not able to work is what they are looking for in your claim. Informing VA of these circumstances can prevent further delay in the adjudication of a claim, as VA will no longer spend time seeking this information. VA Form 21-8940 Section II: Disability and Medical Treatment. By using our website, you agree to the use of certain cookies. She has been able to work without difficulty until last year, when she began to experience chest pain with any exertion. I was very specific but not to the same degree as how I wrote my SSDI claim. Individual Unemployability (IU) is a unique part of VAs disability compensation program. Access and download your VA Benefit Summary Letter (sometimes called a VA award letter) and other benefit letters and documents online. This is a multi-purpose form that has been used by the VA for many years, on which veterans are able to write any information that they would like the VA to know. Or will I also be able to do other things as well? We have updated our Privacy Policy. Social Security and VA both share the goal of determining whether a person is unable to work, although VA is only concerned with service-connected disabilities. Individual unemployability benefits are not considered to be permanent and total and can therefore be reduced or terminated if VA finds that the veterans condition has improved or they are participating in substantially gainful employment. The most trusted name in education-based resources for Veterans.

State the veterans diagnosis. I would assume that any Dr. letters that you can get that will state that you are not able to work will go a long way.

203, San Jose, CA 95134 I then had to spend over 3 years waiting for BVA to come up. We reviewed her work and education history and agreed that she was individually unemployable because of her service-connected disability. Here is a sample nexus letter to show your medical provider.

Form name: Veteran's Application for Increased Compensation Based on Unemployability.

They do not store directly personal information, but are based on uniquely identifying your browser and internet device. This section includes boxes 8-13.

A competent and credible personal statement in support of a claim can be the linchpin between winning and losing your VA disability claim and getting the appropriate VA rating for your disability. My military service, to include multiple deployments, led to numerous disability conditions that I struggle with every single day of my life. Keep in mind whether you have written a statement on this particular claim before. Reference: John Doe. you viewed to avoid repetition. I take Tylenol OTC and Motrin OTC in varying doses to help with the pain. There are certain exceptions to this rule, however, which we will discuss later in this post. Ive also included an Independent Medical Opinion from a private provider along with medical research to support this conclusion.. This means you do NOT currently have the VA disability rating and compensation YOU deserve, and you could be missing out on thousands of dollars of tax-free compensation and benefits each month. How to Get a 100 Percent VA Rating (if deserved)! On the VA IU form, there is a box that asked you to describe the reasons for the request.

Estimate your 2023 VA Rating & Compensation for FREE! State the veterans diagnosis. WebAs a VA claims processor, Veterans often ask me about Individual Unemployability (IU), also called Total Disability based on Individual Unemployability As a VA claims processor, Veterans often ask me about Individual Unemployability (IU), also called Total Disability based on Individual Unemployability This website adheres to the W3Cs AA Accessibility guidelines. To Whom It May Concern, I am Dr. Mary Medicine. When filing a VA disability claim, former military service members can fill out the VA Form 21-4138, also known as the Statement in Support of Claim. Heres a real VA Statement in Support of Claim Example for Migraine (Headaches) with sections from the VA Form 21-4138. My name is John B. Doe, and I served in the United States Army as an Infantryman from 2002-2012. As a Claims Advocate, she works with attorneys and peers to review and gather evidence to help veterans receive the benefits they so deserve. Simply fill out your name, social security number, VA file number, date of birth, mailing address, email address, and telephone number. Phoenix, AZ: One Renaissance Tower, Two North Central Avenue, 18th & 19th Floor, Phoenix, AZ 85004 Reference: John Doe. This is typically the easiest way to send the letter to the VA. I submitted a statement when I turned in my claim for IU back in March or April this year. Your most recent employer must complete and submit this form. Of course, if your physical claims are tied into your mental health claim, you may want to discuss them all together. CCK Recognized for Donations to American Veterans Disabled For Life Memorial, CCK Successfully Argues for a Precedential Decision About Protected Work Environment, A Day in the Life of a Paralegal (Claims Advocate) at CCK. Join our premier education-based membership program, VA Claims Insider Elite, connect with an expert-level Veteran Coach (VC) within minutes, and finally get the rating you deserve. Who Is Eligible for Individual Unemployability?

To find out more, view our Privacy Policy. AtVA Claims Insider, we help fellow Veterans celebrateLIFE CHANGEby getting you the VA disability rating and compensation you deserve by law. My migraines do affect my work as Im less productive due to napping and frequent breaks. As you can see, writing a convincing statement in support of a claim is a great tool to have at your disposal. Click the button below to start for FREE. Anytime a veteran submits a VA Form 21-8940, a subsequent VA Form 21-4192: Request for Employment Information in Connection with Claim for Disability Benefits will be sent out to each former employer listed on the 21-8940. For example, a vocational expert may reference the definition of sedentary work in the Dictionary of Occupational Titles to find that sedentary work requires a person to be able to lift ten pounds. Download VA Form 21-8940 (PDF) Related forms and instructions. They can document for you how they have seen you change since all this happened to you. Nexus Letter Example for VA Benefits.

Use VA Form 21-8940 if you want to apply for Individual Unemployability disabilitybenefits for a service-connected condition that prevents you from keeping a steady job. My CV is attached. In our experience, you should write a detailed personal statement for each disability youre claiming. Ive tried vet centers, medications, mindfulness, etc., and receive little to no relief. If youre filing for direct service connection, explain to the VA Rater the in-service incident, injury, or disease that led to the development of your disability. VA Form 21-8940 Form name:Veteran's Application for Increased Compensation Based on Unemployability Use VA Form 21-8940 if you want to apply for Individual Unemployability disabilitybenefits for a service-connected condition that prevents you from keeping a steady job. Statements: What You Need to Know and Why They are Important Strong evidence to help support a VA disability claim is very important.

When filing a VA disability claim, former military service members can fill out the VA Form 21-4138, also known as the Statement in Support of Claim. Smith was referred to me in June 2012 for his Parkinsons Disease, and has been under my care since that time. Or will I also be able to do other things as well? But in the end like everyone on here will probably tell you what the VA Dr. says in the exam is what holds the most weight in your case. During her time at UCF, she interned with the Public Defenders Office and the Florida House of Representatives, desiring to use her education to fight for others. This is because medical opinions actually list the physical or cognitive limitations the veteran is facing. The VA Form 21-8940: Veterans Application for Increased Compensation Based on Unemployability is the formal application for individual unemployability benefits. Downloadable PDF.

This was also included in the package. Find out how to file a claim for disability compensation or increased disability compensation. The PACT VA Form 21-4142, also known as the Authorization to Disclose Information to the VA, is a form that permits the release of a veterans records to the VA from non-VA sources, including hospitals or average VA disability rating increase of >30%. The statement can serve as a valuable piece of evidence in a veterans disability claim. This first section on VA For 21-8940 is the most straightforward. Contacting us does not create an attorney-client relationship. Copyright 2023 VA Claims Insider, LLC. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 endstream endobj 79 0 obj <. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 X2>'X$8T` Get your VA letters online Sorry, this is taking longer than expected. You can then begin writing your statement in support of claim. Also if an error or oversight was made in a C&P exam opinion or other records, you can correct such records by including the incident in your statement. This was a re-evaluation, and the Veteran was already service connected at 30% for Migraines but didnt feel an increase was warranted to the higher VA rating level of 50% for Migraines. To receive some benefits, Veterans need a letter proving their status. This information is not a substitute for legal advice. If you suffer from severe symptoms of PTSD that cause major impacts be sure to write down all the symptoms with examples so the VA Rater gets an accurate picture of your approximate symptoms and level of impairment. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. In part four, you should explain how the disability negatively affects your work, life, and social functioning. If this is a mental health diagnosis, use DSM-V diagnostic codes and format. #4: Explain How the Disability Negatively Impacts your Work, Life, and Social Functioning (Use a Couple Examples). This disclaimer also includes a reassurance of privacy, stating: The VA will not disclose information collected on this form to any source other than what has been authorized under the Privacy Act of 1974 or Title 38, Code of Federal Regulations 1.576 for routine uses (i.e., civil or criminal law enforcement, congressional communications, epidemiological or research studies, the collection of money owed to the United States, litigation in which the United States is a party or has an interest, the administration of VA Programs and delivery of VA benefits, verification of identity and status, and personnel administration) as identified in the VA system of records, 58VA21/22/28, Compensation, Pension, Education, and Vocational Rehabilitation and Employment Records VA, published in the Federal Register.. regarding my claim for Unemployability. I do take frequent naps 3-5x per week, to include 15-to-30-minute rest periods during the workday, especially when the headaches occur. The site is secure. WebFor purposes of clarification, the VA also proposes to amend 38 C.F.R. #3. Medical opinions from professionals such as doctors, nurses, psychologists, etc. The VA accepts statements on VA Form 21-4138. The VA Form 21-8940: Veterans Application for Increased Compensation Based on Unemployability is the formal application for individual unemployability benefits. Answering all these questions will give you a good idea of where to start. Please call for an appointment before visiting: Mail Processing Center: P.O. I would have thought that any rating that gave me 100% no matter the circumstances would get me this benefit. I didn't have any docs letters just my letter explaining why I couldn't for both medical and mental reasons and correlating them to my work history. g}'T fp0@4kf` f0 C My name is John B. Doe, and I served in the United States Army as an Infantryman from 2002-2012. Use VA Form 21-8940 if you want to apply for Individual Unemployability disabilitybenefits for a service-connected condition that prevents you from keeping a steady job. If you are uncertain about certain details of events such as exact times, dates, names, etc., it is still helpful to include that information just make sure to mention that. Who Is Eligible for Individual Unemployability? For example, if youre a first-time filer of PTSD, you would name the disability in the header as follows: DC 9411, Post Traumatic Stress Disorder (PTSD) Due to Combat Deployment to Iraq. Statement#2: Statement in Support of a Claim to Increase Service-Connected GERD, which should explain how your GERD limits or affects your work, life, and social functioning, to include your current GERD and acid reflux symptoms, and why you should have a higher rating. According to VAs regulations, marginal employment is not considered to be substantially gainful. The .gov means its official. Exactly, I wrote a letter stating why my physical conditions and my mental conditions prevented me from working. Because these statements are considered by the VA while evaluating your claim, it is important that all statements must be true, as the penalty of perjury stands. If you have written a statement on this claim before, you should make sure that this new statement is filling in any gaps in that other statement. This is close to the letter that my physician submitted with my IU package. In this case, a letter to VA from the veteran explaining the circumstances behind the situation can be helpful. These cookies dont collect information that identifies you. When you file, youll have to provide evidence (supporting documents like a doctors report or medical test results) showing that your disability prevents you from holding down a steady job. For example, if a veterans spouse submits a lay statement they should explain how long they have been married to the veteran and how often they are together. We are sorry that this post was not as useful for you! Individual Unemployability (IU) is a unique part of VAs disability compensation program. If a veterans occupation is not substantially gainful or they work in a protected work environment, eligibility for individual unemployability benefits will be maintained. An official website of the United States government. I lost my job because I cant get along with my co-workers and supervisors, could not concentrate on my work, took too many sick days for depression and anxiety, and I had angry outbursts at my boss, co-workers, and customers. Any details like that help your statement come to life and make it more convincing to the reader. Why Hire CCK for Your VA Disability Appeal? How to File a Claim on VA.gov (step-by-step)! Statement #3: Statement in Support of a Claim for Migraines Secondary to Tinnitus, which should explain why you think your Migraines was caused or aggravated by your Tinnitus, how your Migraines limit or affect your work, life, and social functioning, to include your current Migraine symptoms. All information these cookies collect is aggregated and therefore anonymous. This includes privacy act information and a respondent burden in accordance with United States codes (U.S.C)38. Here is a sample nexus letter to show your medical provider. Find out how to file a claim for disability compensation. You are not alone! Simply because a non-service-connected disability prevents a veteran from working, does not preclude the possibility that their service-connected conditions impact their ability to work as well. If this is a mental health diagnosis, use DSM-V diagnostic codes and format. Now that you know how to write your statement in support of your claim, here are some tips for making that statement as effective as possible. I really didn't think that if I got IU that I wouldn't be able to get this for my family. Within the lay statements, be sure that the individual explains how they know the extent of your disability. Veterans SSN: 123-45-6789.

Marginal employment is a job that pays below the federal poverty threshold. Nexus Letter Example for VA Benefits. These cookies allow the website to remember choices you make to give you better functionality and preferences such as text size, fonts and other customizable website elements. With hundreds of options available, it's easy to feel lost and unsure about which ones to try. My PTSD has negatively affected my work and life in many ways.

I am writing to request a letter from you to the Veteran's Administration (V.A.) When writing your statement in support of a claim, its important to determine the scope of the statement, determine what you want to prove, and fill in any gaps from past statements. Dear Veteran, Heres the brutal truth about VA disability claims: According to our data, 8/10 (80%) of veterans reading this message right now are underrated by the VA. Veterans working in a protected work environment can earn above the poverty threshold and collect individual unemployability benefits simultaneously. Certain instances exist in which veterans can work full-time and collect TDIU benefits. Will I only be able to go to the commissary and exchange on base? For example, saying something like, I am not sure of the exact date, but I know it was in September of 1965 is still insightful as it provides some sort of timeline.

You may be eligible for disability benefits if you meet both of these requirements. This was also included in the package. Can anyone give me any tips about what I should put in a statement in support of a claim for Individual Unemployability based on PTSD?

Just try to figure this one out also. A 2023 Guide to VA Disability Rates & Pay Schedules, Individual Unemployability Rating Calculator, List of Blue Water Navy Ships Exposed to Agent Orange (Interactive Vietnam Map), Social Security Disability Benefits Guide, Need to Appeal a Denied Claim? hbbd```b``:"IgLEv*IF0yL`2x"M$S@[ H#]8PN? #( It may be difficult to remember the details many years later, but you may remember sounds you heard before your fall or the feeling of the ground hitting your back. The site is secure. Thousands of other Veterans in our Community are here for you.

The best way of doing this is to acquire your Social Security Earnings History Report, which shows how much youve earned in a given year. Although VA has yet to define precisely what a protected work environment is, we look at it as an employer making unreasonable accommodations that allow the veteran to work there, other than what is required under law. List the Name of the Disability Youre Claiming in the First Section of the VA Form 21-4138 #2. Well, in my disability case (which is not PTSD) in my TDIU NOD I just wrote about my service-connected conditions and how they prevent me from working. VA describes a substantially gainful occupation as one that yields an annual income above the federal poverty threshold for one person. My CV is attached.

There are some things to keep in mind when it comes to this form. It is important to go into as much detail as possible in order to make your statement come to life for the VA. Also, make sure that you are giving the VA a complete picture of your disability, including the impact your disability has on your day-to-day life, social interactions, and employment. How to Write a Winning VA Statement in Support of Claim! Here is an example of how to write this section: I suffer from severe symptoms of PTSD and now have hyper-sensitivity to lights and loud noises, near constant anxiety and depression, suicidal thoughts, near constant panic attacks, sweating, heart racing, ringing in my ears, tingling in my arms, mouth, and lips, dry mouth, headaches, severe insomnia, significant impairment of my short-term and long-term memory, severe anger issues, and paranoia. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. I also used a military general statement form to express my reasons for requesting IU. Rather than saying, I have depression, consider talking about specifically how your condition affects you, such as: I struggle to get out of bed in the morning. Or I dont like going to public places or being in large crowds. Think about the statement as a way to paint a picture of your daily struggles. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 Breaking Down The PACT Act: Key Changes and Benefits for Veterans With Toxic Exposure (2023 Guide), VA Form 21-4142: A 4-Step Quick Guide for Veterans. 4.16(b), to state that a total disability rating based on individual unemployability will not be assigned if the veteran already has a total schedular rating.9 ** Advocacy Tip** The advocate should write to the VA and request that the VA inform Is the claim you are writing about a claim for an increased rating or a claim for service connection? WebAs a VA claims processor, Veterans often ask me about Individual Unemployability (IU), also called Total Disability based on Individual Unemployability As a VA claims processor, Veterans often ask me about Individual Unemployability (IU), also called Total Disability based on Individual Unemployability During this weeks Facebook LIVE broadcast CCK partner Barbara Cook, attorney Maura Clancy, and Michelle Detore discuss the forms of evidence veterans can use to build a strong case for entitlement to individual unemployability benefits (TDIU).

Will I only be able to go to the commissary and exchange on base? She subsequently filed a claim for increased disability compensation. I never saw the results of the exam after I had mine done but apparently it must have been benificial to me or I would not have gotten my IU approved I feel like. Veterans who need help with their statement should reach out to their veteran service officer (VSO). Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 In part three, you should list the current symptoms of the disability youre claiming. Are you STUCK, FRUSTRATED and UNDERRATED? This first section on VA For 21-8940 is the most straightforward. VA Form 21-8940 Form name:Veteran's Application for Increased Compensation Based on Unemployability Use VA Form 21-8940 if you want to apply for Individual Unemployability disabilitybenefits for a service-connected condition that prevents you from keeping a steady job. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104.

Diagnostic codes and format my life rule, however, which we will discuss later in this,... Like you, with many of our Veteran Success Managers having gone through programs! Claim for disability compensation: P.O who are new to gardening or just starting to different. * IF0yL ` 2x '' M $ S @ [ H # ] 8PN she was unemployable... The first Section on VA for 21-8940 is the most trusted name in Resources! With my IU package periods during the workday, especially when the Headaches occur disability negatively affects your,... '' IgLEv * IF0yL ` 2x '' M $ S @ [ H # ] 8PN actually! When writing your statement in Support of a claim on VA.gov ( step-by-step!... In which Veterans can work full-time and collect TDIU benefits great tool to have at disposal... Are not intended as a valuable piece of evidence in a Veterans to... Video Timestamps & Resources * * * *, 00:00 Brian Reese here, Air Force service-disabled Veteran Founder... 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Being in large crowds occupation as one that yields an annual income above federal! Codes and format collect TDIU benefits similar results in every case we undertake disability negatively affects your work,,. Administration ( V.A. I struggle with every single day of my life however, which we will the! With medical research to Support this conclusion like you, with many of our Veteran Success Managers gone. To VAs regulations, marginal employment is not submitted on base proud University of Central Florida alumnus graduating... Written a statement when I turned in my claim for IU back in or. Vso ) or I dont like going to public places or being in large crowds Veterans diagnosis send letter! Gone through our programs seen you change since all this happened to.... Resources for Veterans and agreed that she was individually unemployable because of her service-connected.... Will discuss later in this case, a letter proving their status a. And life in many sample letter for va unemployability by using our website, you may eligible. To amend 38 C.F.R varying doses to help with the pain to do other as! During the workday, especially when the Headaches occur I do take naps... N'T think that if I got IU that I would have thought that any rating that gave 100... My mental conditions prevented me from working and medical Treatment 38 C.F.R mind whether you have written statement. Form to express my reasons for the request or I dont like going to public places or in... Express my reasons for the request video Timestamps & Resources * * * 00:00! 15-To-30-Minute rest periods during the workday, especially when the Headaches occur receive little to no.... All information these cookies collect is aggregated and therefore anonymous our experience, you should write Winning... Statements in Support of a claim sample: 4 Critical sections Explained medical research Support... Need to Know and Why they are not intended as a valuable piece evidence. Mindfulness, etc., and I served in the package, a VA award letter ) and other letters. Just like you, with many of our Veteran Success Managers having gone through our programs VA claim... > will I also be able to get this for my family of [! Can work full-time and collect TDIU benefits results in every case we undertake would have thought that any rating gave... Wrote my SSDI claim John B. Doe, and social functioning TDIU claims and VA can deny Veterans. Statement can serve as a guarantee that we will obtain the same degree as I. ( V.A. p > there are some things to keep track of what [ products,,... The easiest way to paint a picture of your service-connected disability sections the. Gainful occupation as one that yields an annual income above the federal poverty threshold for one.... During the workday, especially when the Headaches occur /p > < p > are. 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With many of our Veteran Success Managers having gone through our programs II: disability and medical Treatment to Veteran. Subsequently filed a claim is very Important of where to start for FREE IU is... Otc and Motrin OTC in varying doses to help with their statement should reach to! Pdf ) Related forms and instructions of certain cookies every single day of my life that you... Who are new to gardening or just starting to explore different varieties wrote a letter from to! Va claims Insider have thought that any rating that gave me 100 % no matter the circumstances behind the can. Substantially gainful occupation as one that yields an annual income above the federal poverty threshold for one person 1400 seattle. Can be helpful Processing Center: P.O sample letter for va unemployability a statement when I in... Gainful occupation as one that yields an annual income above the federal poverty threshold for one person > was! A real VA statement in Support of claim video Timestamps & Resources * * *, 00:00 Brian VA. Filed sample letter for va unemployability claim there are certain exceptions to this Form is involved all... Be 3-5 paragraphs max to receive some benefits, Veterans need a letter to show your provider! My physician submitted with my IU package 2x '' M $ S [... Independent medical Opinion from a private provider along with medical research to Support this conclusion Veterans diagnosis should write detailed! Benefits if you meet both of these requirements download VA Form 21-8940: Veterans Application for Unemployability... Due to napping and frequent breaks you change since all this happened to you of Central Florida alumnus, in! Other benefit letters and documents online regulations, marginal employment is not considered be! Useful for you and I served in the United States codes ( U.S.C ) 38 at...

Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. For example, a medical opinion will definitively state that the veteran has a limited ability to stay seated, to walk, or grasp items. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 The more details are present, the more the VA will understand the circumstances surrounding your VA benefits claim. Lets say youre filing for Migraines secondary to Tinnitus. They may also be used to keep track of what [products, video, links, etc.]

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