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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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ollieee6

What Affect Does Voc Rehab Have On Tdiu Claim

Question

Greetings,

I hope that someone can offer me some type of advice. I have a service-connected disability rating of 10% (PTSD)(2007), which is grossly underated. Against advice from a local vet rep because she said I would surely be denied, I applied for Ch. 31, Voc Rehab. in 2009, I was found to be entitled to Voc Rehab, the counselor that assessed me, was very distraught at the fact that I was rated 10%.

While being assessed, she made extensive notes stating that I was unable to work due to my service connected disability, although rated at 10%, my condition presented a great barrier, and even though I was approved, I would require EXTENSIVE counseling and I may not even complete the program.

After reviewing guidelines, in order for a Veteran to be rated at 10% he must present MILD symptoms. Since being discharged in 2004, my symptoms have been severe, documented by doctors.

The Voc Rehab counselor told me to file for an increase IMMEDIATELY, which I did in March 2009. My claim is currently at the review board. I have done extensive research, reviewed medical records, and submitted solid evidence, with guidelines, and references which pertain to my case.

I recieve SSD, and have not worked since 2006. I know that there are certain requirements that must be met to qualify for TDIU, and currently my schedular rating is below. I also requested TDIU based on Extra Schedular considerations. I have a Medical Verification form, from the VA doctor stating that I am PERMANATELY unable to work due to my illness.

This is my first time applying for an increase. Do you think that the records from Voc Rehab will help my TDIU claim?

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Did VA put you into Voc Rehab or did they say it was not feasible due to your SC?

Is the SSD solely for PTSD?

. "I have a Medical Verification form, from the VA doctor stating that I am PERMANATELY unable to work due to my illness."

As long as he/she meant the PTSD this is prime evidence for TDIU-P & T.

As long as Voc Rehab hasnt turned you into a rocket scientist and "cured" your PTSD -the records should not impact negatively on your claim.

My husband went from 30 to 100% PTSD but prior to that-after one semester of Voc rehab they tried to lower his 30 to 10%.

He also had started working at the local VA part time-

they said his Substantial VA employment (he was former Nuke-VA was the worst paying job he ever had) and his ONE semester of college warranted a reduction of his comp.They dropped that idea when they got the NOD.

I think his Vietnam buddy (the VA Union Secretary) was right-VA didnt want a comp check, a VA pay check, and then a VA Voc Rehab stipend all going to the same veterah every month.

I dont think you have to worry about that at all. I just gripe about it every chance get.

Voc Rehab for some vets is a two edged sword.

If they do well in school, it still does not mean their disabilities got better.,

and the stress of Voc Rehab can often make PTSD worse.

Edited by Berta

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I don't know Berta. I would think if one is capable of doing school full-time why can't they work? You said below that "if they do well in school, it still does not mean their disabilities got better."

This would be the same as saying, "if they do well at work, it still does not mean their disabilities got better." Do you think this statement would fly with the VA? I think not. There are many jobs that require just sitting and I know that school was a lot more stressful for me than several of my past jobs.

Just saying

Voc Rehab for some vets is a two edged sword.

If they do well in school, it still does not mean their disabilities got better.,

and the stress of Voc Rehab can often make PTSD worse.

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The ability to successfully attend school does not equate to the ability to work 40 hrs a week. I believe the courts have ruled on this, tho I can't provide a specific link. This is from the late Alex Humphrey, an atty who posted regularly here.

pr

I don't know Berta. I would think if one is capable of doing school full-time why can't they work? You said below that "if they do well in school, it still does not mean their disabilities got better."

This would be the same as saying, "if they do well at work, it still does not mean their disabilities got better." Do you think this statement would fly with the VA? I think not. There are many jobs that require just sitting and I know that school was a lot more stressful for me than several of my past jobs.

Just saying

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When you say "work" do you mean "working in the fields" or "working behind a desk?" I would like to see that court ruling that says going to school full-time doesn't mean you can work 40hrs.

If a vet was awarded TDIU and a month later began school full-time this would bring up red flags in my opinion.

The ability to successfully attend school does not equate to the ability to work 40 hrs a week. I believe the courts have ruled on this, tho I can't provide a specific link. This is from the late Alex Humphrey, an atty who posted regularly here.

pr

Edited by jerrbilly

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You can certainly disagree but I'll go w/Alex. He also stated that you give him a claimant w/a GAF of 50 or lower and he could get them either 100% or TDIU. You can probably find it under this SSA link: http://www.ssa.gov/OP_Home/rulings/rulings.html

pr

When you say "work" do you mean "working in the fields" or "working behind a desk?" I would like to see that court ruling that says going to school full-time doesn't mean you can work 40hrs.

If a vet was awarded TDIU and a month later began school full-time this would bring up red flags in my opinion.

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