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
Recently I was DX and granted SCD for PTSD due to personal trauma (MST). I have also noticed a dramatic reduction in performance capabilities as well. I have not mentioned this to any of my doctors, VA or private. It's been hard enough to admit to the MST, without having to add the ED to it. But I've reached a point where I can no longer ignore it. I'm only 44 years old and have far too much life left to live to continue ignoring the ED. I'd like to hear any suggestions or guidance as to the best way to file a claim for this as secondary to my SCD PTSD. Any and all suggestions from all parties are welcome. Also, should I start with making an appointment with my PCP? Thank you to all who read and respond to this delicate and humbling matter.
I have been working with a VSO to file my claim. I am currently in the process of gathering information. Only thing, file for MST with PTSD or file PTSD. VSO was hung up on the sexual part of MST.
Was in service 1991-2000. In 1995 was involved with a female soldier, who also was involved with another male (married) soldier. After an exercise and the last night sleeping together she asked me to kill his wife. After the second time I went to CID and wore a wire twice. While the Article 32 hearing was going on she was let out of pre-trial and started harassing me, being around me. I was moved from my company to another, and ultimately to the brigade HQ (rear detachment). Brigade HQ was deployed then. Both the female soldier and male soldier were other than honorable discharged, but I was exiled for a year. Not the same after. As I was getting out in 1999 I learned that she had asked other people in the unit to kill me. I was seen at a Vet center into 2000.
Same time as the Article 32, my chain of command was trying to discipline me for an Article 15/court martial. The incident was with the female soldier (before she had asked me) and was on a trumped up charge. Even had the 1st sergeant threatened me in his office about "if he could not get me on that charge he would find another". After my time in Brigade HQ I returned to almost a new unit, only 5% knew me. All I wanted was out, but he harassed me every day to change my mind and go to the promotion board. Would not even let anyone drive me to airport to PCS.
It took my wife to point out that when I get harassed or witness it at work that I am affected by it. I am currently being seen for it by the Vet center I was seen at before. The vet center had listed me as PTSD and marked as military trauma.
Also, I don't have anything from that time as I was not in a good place and as a 26 year old did not want the reminders in my barracks room. So if anyone knows how to get the CID or JAG records I am all ears.
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?
By Broken Cat
I am in the process of putting together a claim package for mental health issues related to MST. Try as I might, I cannot find a VSO with experience in my situation. It's taken me years to accept that I need help and that I need to address this once and for all, so when I say that I cannot handle doing this twice (submitting a sub par claim and then doing appeals) I really mean it. From day to day, I vacillate between thinking my problems are actually other people's inability to cope OR feeling like there is no point to me and that I'm a burden.If it weren't for the whole not being able to pay bills and risking alienating my kids for all eternity, I'd be perfectly content letting the world turn while I hang out at home and being maladjusted and mean.
In my perfect world, there would be a check list of things to submit for a fully developed claim. On this checklist, there would be a list of key phrases or high points that would help sway the decision makers into awarding adequate compensation. I haven't been able to find anyone that has had success doing this with a case like mine. I have police reports from the MST. I have trauma counseling records and AD medical records that clearly state a d/x for PTSD related to rape on X date. My counseling sessions identified dissociation behaviors, PTSD, and anxiety. One doctor even noted that I was combative and stated that I wished harm on my attackers.
Obviously, the Navy handled this clear cut case of rape, with evidence and my complete cooperation, like they do any scandal. They buried it and came after me. That might be a secondary stressor, but I've been warned that claiming a secondary stressor could hose up everything and to keep my mouth shut? kind of amazing that the advice that is meant to help, sounds a lot like the advice that sent me careening out of control all those years ago.
Anyhow, I survived, got married, got out, and went in and out of counseling. Over the years, I've been diagnosed with PTSD, Chronic Depression, Chronic Adjustment Disorder, Agoraphobia, Generalized anxiety Disorder, and Dissociation Disorder. I don't trust military medicine or the government, so most of my counseling was done through non-profit organizations and women's shelters. They're so secretive, that I felt it'd be safe to tell them what I went through and my statements wouldn't end up in the Navy's summary of Mishaps... again. So, I don't really have records of those, except for prescriptions that were reported to Tricare. I do have my civilian medical records. It has page after page of doctors complaining that I broke down, was combative, emotional etc, etc. I do have a few sessions with shrinks at MTFs in the last couple years. They were not keen on actual diagnostics, they just gave me the pills I asked for.
I'm shopping shrinks to assess me and give diagnosis. I'm not sure I need a nexus letter, but I'm thinking it wouldn't hurt. I have a letter from my ex boss describing how my work performance plummeted over the years and how he made accommodations to keep me on. I also have a letter from me, describing my bad days and my rituals to get through them. My husband and his best friend were witnesses to the fallout of my rape, in terms of the military's response to me. They can verify in statements that I did report it and go into counseling. They can also verify that I'm socially isolated and very codepenedent on them to meet new people or get involved in activities. I don't have a single friend that they didn't make for me, first. I do not know how to people. I don't have friends from work. I don't have "my own" friends from church. I don't even have people who like me well enough, and include me in things, without my husband and his best friend acting as intermediaries.
oh, I also have the most recent sentencing transcripts for the ringleader of my attackers. The judge stated that he felt this dude was unrepentant and a monster. He cited his past sex crimes, "both in the record and that didn't make it to trial" and his history of convincing others to help him conceal his crimes. If that's not a shout out from the bench, I don't know what is.
Anyhow, I guess my question is, has anyone here done a fully developed MST claim with multiple bullet points for anxiety, phobia, ptsd, and depression, and get 100% or at least, a high enough rating to qualify for unemployability? Without having to go through appeals and lawyers? Was a police report enough, even if the military dropped it? Should I give the C&P my evidence, letters, and my personal statement too? I'm sure I have 1000 more questions, but I'm mostly looking for someone who has done what I'm trying to do.
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
68mustang posted a question in VA Disability Compensation Benefits Claims Research Forum,
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.
VA C and P Exam – Do’s and Don’ts – VA Compensation Pension Exam
The following is written from a VA Compensation and Pension Examiners perspective relating to psychiatric exams. It is a good guideline for all exams but I only did psych exams. I’ve been examined by the VA for multiple problems and this is my format when I go to be examined. A little common sense and clarity ...