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Tdiu Denial- Sheltered Income From Self-Employment, "gainful"?

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Gastone

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09/2012 denial, inferred TDIU claim (08/2011) denied due to $14,400.00 income from part time, (2-3hrs per day) self-employment income. No discussion in denial decision regarding self-emplolyment income consideration or sheltered employment consideration.

. SC 90%. PTSD 70%, Sleep Appnia 50%, CAD 30%, Tinnitus 10%.

NOD filed 09/2012 DRO with hearing requested. Pending, no status as of 2/23/14. Specificaly refered to section of 38 CFR 4 relating to income from self-employment, sheltered employment and income of diabled veteran compared to non disabled individual in veterans community with comparable employment. Supplied copy of VA Vocational Rehab determination letter 10/2012, ineligable for Voc Rehab due to severity of my SC conditions.

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Britton: In a continuing effort to put you at ease, consider the following. Once awarded TDIU P&T, there is usually a note regarding "NO Future Exams Scheduled." Look back at your award and advise. You should have also received a letter saying your eligible for the VA Vocational Rehab Program, I now if your TDIU P&T your probably the other side of getting a Gainful Employment job. The VA would certainly like you to become Gainfully employed, but the regs state you would have to maintain a Gainful Employment for 12 months before the VA could jump ugly. So don't sweat the small stuff. You should definitely consider checking into the VA Independent Living Program. The list of benefits, services and grants available for Sc Disabled Vets is too long to get into. Check It Out. You can't go wrong, a couple meetings with a Councilor and you should be good to go.

Semper Fi

Gastone

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  • HadIt.com Elder

Gastone,

Yes Sir My Award letter does state Awarded TDIU P/T with no future exams.

My spouse gets champ VA and we both got our military ID's...We both use the VAMC for our Health provider, they saved my spouse life about 9 years ago..they (VAMC D'rs she had open heart surgery...So were both very Greatful to the VA...We don't use all the bennies but the ones we do use is a God Send to this family especially the health care and the property tax was a super help for us.

Question? why should I check into the Independent living program? I may need it later on in life...but right now its just me & my spouse...she is in bad health too..but some how she keeps us both going.

Thanks for all your help This may not be anything to worrying about I ain't got anything from RO yet...this is just me worrying what if's ect,,ect,,,

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Britton: No rush just when you get a chance, research the ILP under the VA Vocational Rehab program. You and your wife may not need or choose to avail yourselves of any of the ILP assistance, benefits etc at this time. However I think it's better to get qaulified now. I meet with a number of Nam PTSD vets bi-weekly at Det VAH and have pused a coulple IU Vets into the ILP. One Vet has been 100% SC IU for 20yrs, wasn't aware of program. In the past yr he has received the following: HD Recliner with heat/massage, new computer and office all-in-one printer, and $6500.00 Grant to upgrade bathroom.

Soooooooo, I think it's a no looser deal. I report, you decide. The program and assistance is there, you won't know till you know, right!

I thank those Rascally Republicans and Michigan Governor every day for the 2013 Property Tax Exemption for 100% SC IU Vets. Tell Ya Bro, I was awarded IU 6/27/14, the following Monday I was standing tall at City property Tax Dept. Show Me the MONEY!

Semper Fi

Gastone

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  • HadIt.com Elder

Thanks Brother,

I understand what you mean now...I will check that ILP out!

The only thing is ,my spouse still works and that's one of the reasons I have to pay taxes on my SSR...if she didn't work then I don't think I'd have to pay taxes because the SSR is under 12000.00 Yearly.

Edited by britton
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