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Inidividual Unemployability Iu Help

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jack81mm

Question

Bear wid me plz,

Im at crossroads on wether to file for IU or other claims like Migraines and Vertigo that I feel are present because of diagonesed TBI.

Im also 70% PTSD n total 80%. DO not work. Cant work because of these conditions. VA pscyh DRS have written letters stating that I cant work and clinically why I cant work.

Ive been advise by VA n legion rep to submit claim for IU and have the proof from the VA DR wid the letter. I havin trouble in my mind on pursin anything that says that I cant work like IU. I have no intentions of obtainin work at this point as I know I cant do it cause of said conditions. Hopefully it will git better in the future. I figured that pursuing claims wqid other conditions I have might git me to 100%. I hat to be labeled wid anythin that say unemployable.

I also havent filed for SSDI as Im havin the same problems within my mind wid pursing it.

Migraines @50% and Vertigo @30% along wid 80% total will not git me to 100% so maybe filin for IU might be the best bet.

any opinions...

THX to alll thatst serve

JACK

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  • HadIt.com Elder

Apply for IU. If you can't work now that is what the rating is for. If you get SSDI you won't be able to do any real work anyway. I know it is hard pill to swollow but you should think ahead. What if you get worse? You don't want to wait until you are a basket case to file for IU. The sicker and older you get the harder these things are on you.

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I also understand that havin the perfect letter might be VA DRS PscyH DRS stating u cant work totally because of the s/c conditions along wid clinical reason.

But DRS stating u cant work means that u cnat work. RIght??? I know it depends on the rater n how they look at it.

My DR didnt state totally cant work but just cant work cause of PTSD and gave reason why.... which is why the legion rep said shouldnt be problem gittin IU but not TDIU. NAny thoughts???

THX

JACK

Bear wid me plz,

Im at crossroads on wether to file for IU or other claims like Migraines and Vertigo that I feel are present because of diagonesed TBI.

Im also 70% PTSD n total 80%. DO not work. Cant work because of these conditions. VA pscyh DRS have written letters stating that I cant work and clinically why I cant work.

Ive been advise by VA n legion rep to submit claim for IU and have the proof from the VA DR wid the letter. I havin trouble in my mind on pursin anything that says that I cant work like IU. I have no intentions of obtainin work at this point as I know I cant do it cause of said conditions. Hopefully it will git better in the future. I figured that pursuing claims wqid other conditions I have might git me to 100%. I hat to be labeled wid anythin that say unemployable.

I also havent filed for SSDI as Im havin the same problems within my mind wid pursing it.

Migraines @50% and Vertigo @30% along wid 80% total will not git me to 100% so maybe filin for IU might be the best bet.

any opinions...

THX to alll thatst serve

JACK

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John..I agree its just hard to swallow..like wantin to be back in Iraq for nother deployment. Im currently in nat'l guard but not attendin drills based on VA PSYCH letter stating I shouldnt be at drills workin or definitely not on deployment. Im curious how VA or SS looks at dis...To me it looks exactly what it is....I cant work anymore even at a part time job..or should I say cant work at dis one and from previous tries no other jobs.

My VA rep has suggested that VA and SS could look at this as u r still employed regardless of wethere u r workin or gittin paid. And because of possibly entereing the MEB/PEB(not there yet cause of unit draggin their heels) process its possible that decision could come back fit for duty. Now wid the evidence I have behind me I have no doubt it will be unfit. But I can see where that argument can arise.

Any opinions???

THX JACK

Apply for IU. If you can't work now that is what the rating is for. If you get SSDI you won't be able to do any real work anyway. I know it is hard pill to swollow but you should think ahead. What if you get worse? You don't want to wait until you are a basket case to file for IU. The sicker and older you get the harder these things are on you.
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John..I agree its just hard to swallow..like wantin to be back in Iraq for nother deployment. Im currently in nat'l guard but not attendin drills based on VA PSYCH letter stating I shouldnt be at drills workin or definitely not on deployment. Im curious how VA or SS looks at dis...To me it looks exactly what it is....I cant work anymore even at a part time job..or should I say cant work at dis one and from previous tries no other jobs.

My VA rep has suggested that VA and SS could look at this as u r still employed regardless of wethere u r workin or gittin paid. And because of possibly entereing the MEB/PEB(not there yet cause of unit draggin their heels) process its possible that decision could come back fit for duty. Now wid the evidence I have behind me I have no doubt it will be unfit. But I can see where that argument can arise.

Any opinions???

THX JACK

Jack,

You're still active duty ??

If yes -

I do not understand how you can already be receiving VA Disability Compensation

at any or 80 %.

carlie

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  • HadIt.com Elder

Here is a definition of the National Guard. I would like to know if your in the national guard and are assigned to a combat area, like Iraq, are you considered as active duty person in the same respect as Army, Navy, Marines, Airforce, etc..

National Guard, U.S. militia. The militia is authorized by the Constitution of the United States, which also defines the militia's functions and the federal and state role. Article 1, Section 8 provides that Congress shall have the power to call forth the Militia to execute the Laws of the Union, suppress insurrections and repel invasions. Congress was entrusted with organizing, arming, and disciplining the militia, but the appointment of officers and the training of the militia were reserved to the states. Further provisions were made in the Second Amendment. In peacetime the National Guard is placed under state jurisdiction and can be used by governors to quell local disturbances, as in Newark and Detroit riots in 1967, and to help in times of local disasters, such as floods and hurricanes. In times of war or other emergencies the National Guard is absorbed into the active service of the United States and the president is commander in chief. The National Guard has been partially mobilized during the Korean War, the Berlin crisis of 1961, and the Persian Gulf War and for peacekeeping in Bosnia and Herzegovina. The National Guard's equipment and personnel are standardized to conform with U.S. army regulations. Enlistment is voluntary; compensation, paid by the federal government, is given for periods of drill and field training. The Air National Guard was formed in 1947

My question is are you considered an active duty military person or a national guard in the true sense?Or does it make any difference?

t&b

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My .02 and most of it is probably paranoid fantasies in my mind.

I would not file for ssdi, you close options if you have ssdi..

I don't think the pysch letter will get you IU.. my opinion.

Personally I think the VA has in in their minds that mental conditions can be treated and you will eventually improve. Or at least that is the policy of the VA and influences their rating decisions.

The way you should try for IU is through migrainines and vertigo. Get a neurologist to sign off and you got a slam dunk for IU.

The other thing you should do is try to get employment.. Whether it is with the census as a temp or Walmart.. try and get work.. even show up a few days. Who cares.. try and get past your problems. it will not hurt you,and will probably help.

Enroll in Vocrehab.. try and improve yourself.. Besides it pays well.

Build a case that you are trying.. as the VA wants you too.. It will not be held against you.

After you get Vocrehab, do classes for a few semesters..

Then go to your neurologist.. .say you are trying vocrehab and having issues.. say you are going to file for IU, but you need help from him/her.. ask if their medical opinion suppports it...

Then file for IU... If you are awarded IU you can always go back to work if you want, you can even do Vocrehab ( they actually encourage it, the vochrehab counslers don't ).

If you get ssdi.. you close the working door, and vocrehab.. and trying to get work to help your IU claim

my .02... keep in mind I am heavily medicated right now and just rambling....

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