I'm service connected for bilateral severe O.A hips 10%,secondary lumbar sprine,10% left and right knee 10%.My case was remanded back to R.O for further development for my increase for hips O.A and to set C&P for my throat claim. My question is if granted increase rate for my hips and granted service connection for throat would I have to file for I.U or will they simply grant it if my ratings me the criteria.
For example: a veteran with PTSD works for a family friend’s business. The family friend provides the veteran with an office and duties that afford limited interaction with other people. The veteran’s salary pays his bills, and is over the current poverty threshold. Because the veteran’s job has been tailored to his individual needs (limited interaction with other people), his job is considered to be sheltered, and therefore falls under “marginal employment.” The VA cannot consider this job as being substantially gainful employment, and must not use it against him in determining IU.
Marginal employment shall not be considered substantially gainful employment. Marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Significantly, however, marginal employment may also be held to exist, on a facts found basis, based on employment in a protected environment such as a family business or sheltered workshop even when earned income exceeds the poverty threshold. Consideration shall be given to all claims as to the nature of the employment and the reason for the termination. 38 C.F.R. § 4.16(a).
Yes, in some cases you can.
I can’t work if I’m getting Unemployability, right? No, in fact, unemployability does not always mean that a veteran is not working. The key, however, is that all income earned from employment must be at or below the poverty level, or from a job that is considered to be “sheltered”. These types of … Continue reading
Should I (does anyone??) write a timeline about my claim? Like a one page timeline or outline or my history. Example: I just sent in my Social Security Disablilty paperwork for my claim because my SSD was approved due to my damage to my lower spine(posted a few days ago) the judge approved it. I was in Voc rehab 9/2008-4/2009 withdrew from college due to physical/mental meltdown then again went back 9/2010-5-2011 and again had to withdraw because I physically and mentally crashed( I was approved to the National Honor Society). I was approved for SSD 11/23/2009 and I figured if I wrote it out on a timeline it would help the to show the VA exactly the time line since I'm thinking they are not good at that.
Advice please and thank you in advance.
((A quick FYI during this time I have been consistently getting spinal injections, spine fusion surgery, quad tear surgery, take pain meds(which make it hard to impossible to think theoretically) and doing physical therapy and PTSD group n one on one at VA PTSD clinic for 3 years now which helps with my daily anxiety.))
Recently awarded 70% for Bipolar Disorder, granted TDIU, proclaimed P&T, with correct claim date determined.
I must Thank all of you for keeping my hopes alive over the years, when darkness set in.
I must publicly thank Bergmann & Moore, LLC of Bethesda, Maryland, for without their perseverance and capabilities, I would not have had any measure of success. Professional in every way imaginable. I can not say enough about their latest hero, Fatima. Fatima, thanks for being rational, thoughtful, knowledgeable and thorough! Mr. Bergmann and Mr. Moore, you two rock!
By Wayne TX
I am currently at 50% and I have submitted and still waiting on Appeals for another 110%, of which one is a 50% rating for Sleep Apnea whereby I have fully compiled with all rating guidelines plus nexus backed by two IMOs linked to secondary s/c already cited in past BVA decisions on Apnea decisions............thus I do anticipate at some point having a minimum of a 70% rating derived from my Appeals whereby one disability would also be above 50% itself. .............thus MY QUESTION: I did not seek or included in my Appeals for Individual Unemployability because am only 50% thus not qualified at this time to seek same. In assuming my Appeal for Apnea is granted I will have acquired the required a total overall compensation disability rating of 70%, so can I still make a run/claim for IU at my DRO Hearing, or does that need to be filed now before the Hearing ever takes place to even be considered? I will receive a Video Conference Hearing at RO. Has anyone out there sought IU at their actual Hearing Date and got it based on Appeals exceeding 70% or greater once the Appeals were granted and awarded?
My initial claim in 2010, I was granted 70% overall and 50% for PTSD. I filed a notice of disagreement and in 2013 I was giving a C&P exam for the issues below and was granted 70% but I filed another NOD for the back dating of PTSD and the fact that they completely ignored my TDIU claim. The verbage on this letter is confusing and I'm curious is they are going to back pay my TDUI to Oct 25 2013? I underlined where I was confused. If anyone could shed light on what I could possibly be expecting that would be awesome.
Posts containing questions about TDIU
Fixed the link below
Will/can a 100% TDIU P&T award get removed if my service connected disabilities reach or top 100% ?
I ask this because I am +5yr into my appeal process and have received a "partial award" from the VA, as the rest of my appeal moves forward. I was given an increase to 70% TBI to qualify me for 100% TDIU which started last year. Already have 10% Tinnitus.
Still on appeal is:
MDD -- Arguing for 70% but probably will get 50% Sleep Apnea -- OSA with CPAP required to be rated at 50% My lawyer is inferring that I would be in jeopardy if I try and get +100% Scheduled award disability. I have also heard from a fellow poster (I referred to same lawyers) who informed me that after getting his early/easy disability award, this firm dropped him on his appeal moving forward. In other words, they took the easy money/award and ran on the tougher stuff.
What my lawyer currently predicts my disabilities totaling at 94% (70-BTI, 50-MDD, 50-OSA,and 10-Tinnitus) which rounds DOWN to 90% award. He does not want to appeal further, apparently.
My lawyer's inference that my 100% TDIU would be in jeopardy if I continue to pursue my scheduled appeal status, just does not sound right to me, but how can I know for sure?
I have a question. Does anyone know of any "case law" on 38 CFR 4.16, the part on "marginal employment?"
I had a long email discussion with my former attorney regarding TDIU. She was considering coming back on my claim. But I want my TDIU claim back to 1987 when I first submitted it. I worked, part time, in a sheltered environment following giving up on rehab. I gave a shot at trying to get jobs I thought I might be able to do by working extra time off the clock. Jobs that required a lower skill level than I have when I'm functioning. She is now refusing to come back on the claim because she believes (personally apparently, no case law cited) that if you are getting charity money in connection to a job it counts as "a substantially gainful occupation" if the pay is near, at or above poverty level.
My part time employer made a statement in writing to the VA that made me realize I wouldn't have made it as a Hotel Night Auditor which is a low paying low bookkeeping skill job that I had been applying for in addition to part time jobs. After 3 years I gave up the part time job because of increased charity. It made me feel like a beggar on behalf of the VA. My employer's statement said he had twice moved part of my work to another employee. Also that the most difficult thing for him to deal with was my being unable to function on demand when he needed me at times. I was employed to work a specific client's, famous actor, books. Out of charity, the statement said, they agreed to pay me 4 days per week to do a 3 day per week job.
I was unable even keep up the 3 day a week job working an extra 16 to 30 hours over the 32 hours I was on the clock. And I knew the job was really a 3 day per week job or even less because at times, when I was clicking, I could catch up a great deal of work. The work didn't change in quantity or complexity. I just changed in functioning level because of enervations, partial and complex partial seizures that were untreated.
What's up Fellow Vets,
I am new to this site and I wanted to explain my case and get advise.
I was medically discharged from the Army in 2004 due to a diagnosis of asthma (30% disability). I never had any kind of respiratory problems until I arrived in Germany in 2003. I started experiencing difficulty breathing, shortness of breath, excessive snoring, dry mouth, fatigue, ect. After several trips to the doctor and several tests, the Army doctors diagnosed me with having asthma. I never had asthma so all the symptoms i was experiencing were new to me.
Fast forward to 2017, I was having trouble with the hormones in my body. I was experiencing ecessive daytime sleepiness, fatigue, memory problems and loud snoring (ask my wife). After several tests and appointments, it was requested by my doctor that I have a sleep study performed. I didnt know why I would need this test but reluctantly, I agreed and took the test. After the test, I was diagnosed with severe obstructive sleep apnea with an AHI 77.5. Moderate is 5 and severe is 10+. So it turns out that the symptoms i was experiencing while in the army were of both asthma and severe OSA. The doctors in the Army never even mentioned or tested me for sleep apnea. I had a DBQ done at the VA Hospital in which i am being treated. In the DBQ, the Dr states:
a. Describe the history (including onset and course) of the Veteran's sleep disorder condition (brief summary):
Veteran reports excessive daytime fatigue and sleepiness, unrefreshing
sleep ,snoring and frequent awakening. He had a sleep study at Northport VAMC on 8/11/2017
whihc showed severe obstructive sleep apnea with AHI 77.5 events per hour. He had a CPAP titration study on 8/23/2017 which showed
improvement to AHI of 12.9 events per hour. He just got his CPAP machine yesterday. As of now, he gets about 4
hours of sleep per night. He does not restorative sleep. He does find himself falling asleep during the day.
Does the Veteran's sleep apnea impact his or her ability to work?
[X] Yes [ ] No
If yes, describe impact of the Veteran's sleep apnea, providing one
he is tired throughout the day. His poor sleep has led to foggy
thinking and poor short term memory.
I just went on ebenefits and submitted a claim for sleep apnea and Unemployability. Do you think i have a valid claim?
e-Benefits Status Messages
Claims Process – Your claim can go from any step to back a step depending on the specifics of the claim, so you may go from Pending Decision Approval back to Review of Evidence. Ebenefits status is helpful but not definitive. Continue Reading
68mustang posted a question in VA Disability Compensation Benefits Claims Research Forum,I was rated at 10% for tinnitus last year by the VA. I went to my private doctor yesterday and I described to him the problems that I have been having with my sense of balance. Any sudden movement of my head or movement while sitting in my desk chair causes me to lose my balance and become nauseous. Also when seeing TV if there are certain scenes,such as movement across or up and down the screen my balance is affected. The doctor said that what is causing the problem is Meniere's Disease. Does any know if this could be secondary to tinnitus and if it would be rated separately from the tinnitus? If I am already rated at 10% for tinnitus and I could filed for Meniere's does any one know what it might be rated at? Thanks for your help. 68mustang
GlennieHB posted an answer to a question,I have a 30% hearing loss and 10% Tinnitus rating since 5/17. I have Meniere's Syndrome which was diagnosed by a VA facility in 2010 yet I never thought to include this in my quest for a rating. Meniere's is very debilitating for me, but I have not made any noise about it because I could lose my license to drive. I am thinking of applying for additional compensation as I am unable to work at any meaningful employment as I cannot communicate effectively because of my hearing and comprehension difficulties. I don't know whether to file for a TDUI, or just ask for additional compensation. My county Veterans service contact who helped me get my current rating has been totally useless on this when I asked her for help. Does anyone know which forms I should use? There are so many different directions to proceed on this that I am confused. Any help would be appreciated. Vietnam Vet 64-67.
If you are new to hadit and have DIC questions it would help us tremendously if you can answer the following questions right away in your first post.
What was the Primary Cause of Death (# 1) as listed on your spouse’s death certificate?
What,if anything, was listed as a contributing cause under # 2?
Was an autopsy done and if so do you have a complete copy of it?
It can be obtained through the Medical Examiner’s office in your locale.
What was the deceased veteran service connected for in his/her lifetime?
Did they have a claim pending at death and if so what for?
If they died from anything on the Agent Orange Presumptive list ( available here under a search) when did they serve and where? If outside of Vietnam, what was their MOS and also if they served onboard a ship in the South Pacific what ship were they on and when? Also did they have any major physical contact with C 123s during the Vietnam War?
And how soon after their death was the DIC form filed…if filed within one year of death, the date of death will be the EED for DIC and also satisfy the accrued regulation criteria.