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Little Help On How The Va Looks At Employment

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GDavis9755

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Need some help on my claim. I am combined 80% SC because of several different injuries. My wife and I own a small S-Corp business which I am the pres. she the vpres. I have taken a salary in stead of an owners draw mainly for SS as I was to retire in a few years. I'm 62 years old. In 04, I had back surgery and have not been able to return to work. I have fought the VA over this problem from 1972 and never won that action. But the problem has taken it's course, I just had to get it done. I have tried to return to work, and just can't do the work any more. With the back and all the other injuries, meds. and the PTSD I just can't work. In my claim for for TDIU, which was denied, because the evidence does not show I am unable to secure or follow a substantially gainful occupation because of my SC disabilities. From an exam dated 2/4/09 which stated I still ran the business. VA exam dated 3/09 I retired in 04 because of the back which was not service connected. The VA DR. wrote in his opinion I could not perform gainful employment and totally disabled. In this letter he did include history of non-service connected problems, but also included some of the SC items. I can see I will need to let them know in 04 was because of the back surgery. But I have not worked but tried from 05 on. We did pay me up to 08 in the family business, but I did not work. Give me some help on what needs to be done. I have just applied for SS disability this month and starting that process. Thanks all for your input. Gary

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