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What Affect Does Voc Rehab Have On Tdiu Claim

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ollieee6

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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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  • HadIt.com Elder
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

Jerr:

This is a real problem. You post off the top of your head and if you are wrong and you are very wrong here it could lead to Ollie making a big mistake.

The reason they call it voc rehab is cause both the VA and Social Security like the idea of retraining someone so that they can work. Until they get a job and make an acceptable transition they are not considered working.

School can be demanding but it is not considered work. Its considered a pathway to employment and nothing more.The VA wand Social Security will pay to rehab workers

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Most TDIU vets have low gaf and I can guarantee very few of them were done by Mr. Humphrey. No disrespect, but if you look at past TDIU grants most have low GAFs.

Point is, a doc or rep saying they can get a vet 100% with a 50 or lower GAF is, i imagine, is normal since a 50 or lower gaf has in it you "cannot hold a job"

Pretty clear here?

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

Edited by jerrbilly
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I think it's common knowledge that if you put in a claim for IU and you're going to school full-time you will probably get denied IU.

You may disagree but that's certainly ok with me. If you look at Berta's statement below she even says the VA tried to reduce her husbands comp due to school so if you want to take that risk take it. It's on you.

If you're not IU then heck, work and go to school all you want but I'm just talking about IU, 100%, and full-time school as far as any mental condition.

Take a look at the schedule and look specifically at 100% rating for mental condition. What does the first sentence say?

Edited by jerrbilly
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  • HadIt.com Elder

jerrbilly - I'm not going to respond, to this, any further, as you state generalizations that aren't backed by fact, such as: "I think it's common knowledge that if you put in a claim for IU and you're going to school full-time you will probably get denied IU." I've been involved w/the VA and claims for over 20 yrs and I've never heard that. I have heard all kinds of "rumors" tho!

I believe full time school attendance requires about 12 credit hrs per semester, per each two semester year, meaning probably less 20 hrs a week. Certainly less than 40 hrs. jmo

pr

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Thanks so much for the many responses.

I am terribly nervous at this point. Yes, I do attend school, because I would like to over-come my barrier and be a productive citizen. I have special accomidations for my classes because of my disability.

True, I was found entitled to Voc Rehab services and the counselor stated and documented, that I would require EXTRAORDINARY services over and above what would normally be provided to ANY Veteran in the Voc Rehab program in order to achieve successful rehabilitation and job placement, if at all possible.

Initially I applied for an increase in benefits, when I recieved the follow-up packet, and needed information, the VA stated they were doing a claim for TDIU, so I just tried to gather information and evidence so that I may possible be approved, but I feel strongly that an increase is very much needed.

I thought that TDIU, was awarded because the Veteran is not able to obtain substantial and gainful employment. Which thats what Voc Rehab states, which is why I was found entitled. I am unemployable at this time. Total Disability based on Individual Unemployability. I am using Voc rehab as a step to employment. Until i reach my goal. I AM UNEMPLOYABLE.

In my opinion what the Voc Rehab documents state, should be enough to warrant me TDIU. Because of my SC disability I am permantely unable to work. POINT BLANK. I don't know why they make things so difficult. At least I'm TRYING to better myself.

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Phillip, think of it this way,

Being denied Voc Rehab is strong evidence for IU. Are we in agreement with this at least?

Now look at this in reverse. Wouldn't going to school full time hinder the chances for being awarded IU? Sure as heck wouldn't help.

Why would a examiner put down that you're unemployable if you're going to school full-time to become employed?

Makes sense to me.

jerrbilly - I'm not going to respond, to this, any further, as you state generalizations that aren't backed by fact, such as: "I think it's common knowledge that if you put in a claim for IU and you're going to school full-time you will probably get denied IU." I've been involved w/the VA and claims for over 20 yrs and I've never heard that. I have heard all kinds of "rumors" tho!

I believe full time school attendance requires about 12 credit hrs per semester, per each two semester year, meaning probably less 20 hrs a week. Certainly less than 40 hrs. jmo

pr

Edited by jerrbilly
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