Increased To 90% Now What

[kleinUSMC]

Been sitting at 80% for 6yrs. Recently was increased to 90%. 70% depressive disorder 40% degenerative spinal arthritis 30% cervical spine arthritis 20% rt shoulder arthritis and 20% LT chronic disclation. . So my question is with my issues do I push for. Be labeled as unable to maintain Gainful employment or just stay in my rut. Life's been a struggle the past few years. Lost a couple jobs due to my disabilities. Just need input from my fellow brothers and sisters

[SeattleShay]

If you are unable to work apply for SSDI and IU.

Surprised they didn't send you iu paperwork with bbe.

[Buck52]

I think they have the 90% just to not award the 100% a 90% veteran is pretty disable & should be awarded 100% in my opinion.

what is the reason & bases mention?

they make us fight for every inch.

If the VA knew you could not work or find gainful employment because of your disability's and never deferred the TDIU.

that's is a cue on them.

Appeal this decision!

.......Buck

[Gastone]

And your current Individual Earned Income Is????? You're definitely eligible to file for IU as long as your SC conditions are your primary basis for an inability to earn in excess of Poverty level Income for 1 person (currently $12,400 if under 65). Depending upon your education and employment background any indication that you have had Earned Income in excess of Substantial Gainful Income "SGI' in the last couple of years could cause a VA Rater to deny you based on the presumption that you "SHOULD" be able to do at the very least a sedentary job that would provide in excess of the $12,400 SGI amount.

Does your Depressive Disorder C & P DBQ indicate severe employment issues? If not, that could be a problem. You might want to consider applying to the VA Vocational Rehabilitation Program. Within a very short period, possibly as little as a few weeks, a VA Voc Rehab counselor could determine if you're currently ineligible due to your SC Conditions. A Voc Rehab Councilars Denial Letter would be excellent New & Material Evidence for your IU Claim. A VA Rater can't argue with the professional opinion of a VA Trained Employment Specialist. If and when you actually get an IU Award, the VA adds a page discussing the VO Rehab Program. IU is always temporary based on your current SC and SGI. If you got back into the work force and maintained an SGI producing employment for more than 12 months, you would be up for a rating reduction back to your actual SC Rate.

Semper Fi

Gastone

[broncovet]

You have already "passed" the "labeling" when you applied for benefits. Yes, its true the VARO's generally thinks of Veterans as drug/alcohol addicted convicts trying to con honest RO employees into awarding massive benefits when there is nothing wrong with them.

Instead, we have a massively corrupt VA system that squanders at least 6 billion per year that should go to Veterans and their famalies, and an impotent VAOIG who inefficently and unfairly "guards the hen house"...from the inside of the hen house, by strategically placing foxes who "report" any discrepencies as far as the number of chickens butchered.

I recommend you apply for IU immediately. If it turns out,

1. You either get a great job and dont qualify or need IU, you can decline said benefits at a later date.

2. You win the lottery and dont need to put up with VA's bull and can just tell em to stick it

then you can withdraw your IU claim.

However, if you dont win the lottery or go to work for the NFL making 6 million per year as a head coach, and things go south, then you will have a head start applying for your benefits, that you need and deserve. Remember, only 15 percent of Veterans are approved and awarded benefits in the first round, so you are looking at 5 to 6 years before you see any money from TDIU.

Edited May 23, 2015 by broncovet

[Navy04]

Congrats on the award and welcome aboard. Only you can decide what is best for you and your family my friend. Good luck and God Bless!!!

[ArNG11]

Congrats on the win and I agree with most of what was mentioned above. You actually have better ratings on your back than what I managed to get my first go around. I haven't even started on my claim for my neck. Advice, don't ever fall out of a moving vehicle on your back and neck, it does serious damage. My problems are spread out from a few sources though. The biggest thing I can say about the above is the impact that your disabilities have on your employment. The fact that you are already rated disabled, already have lost employment due to your disabilities is certainly going to be in your favor and strong evidence. I think its just a matter of putting the disability picture up. One that they, the agencies, can't refute. Maybe smashing it in their faces, thats just me . However, in this battlefield it is often and I dare say an inevitable task.

Edited May 23, 2015 by ArNG11