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

[Gastone]

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.

[MPsgt]

TDIU UPDATE: Had my DRO Hearing 06/27/14 for 1st NOD filed 2010, not related to IU. DRO said because I opted for "Informal Hearing" of 2010 NOD, he would also address my 2012 IU NOD that wasn't scheduled for the 6/27 hearing. Walked out after 35 min, all major issues from 2010 awarded and IUUUUUUUU awarded back to 11. A very GOOD day in DETROIT!

I think the "DRO Personal Hearing" is the way to go on all Comp Appeals. I've read where Pissed off vets want nothing more to do with their local VARO and decide that a BVA hearing is the only way to go. Could I have gotten a faster Hearing with a BVA request, I don't think so. It appears that most of the 2014 BVA Decisions I've looked at are anywhere from 4 to 6 yrs old, with a lot of Remands thrown in. Not Good. I don't recall any BVA Decision that I've reviewed ever rolling in another pending Appeal. At the very best, I would still be waiting for my 2012 IU BVA Hearing, had I gone the BVA Route.

Semper Fi

Gastone

Congratulations on your appeal! I couldn't agree with you more about the DRO. However, I believe luck and a knowledgable DRO at any particular VARO can make a difference. I was denied several times and got pissed and requested a BVA hearing. I signed a waiver for the BVA to make the final decision. Thereby, stopping any remand coming back to the VARO. I'm stuck waiting for a favorable decision on TDIU too. BVA will take forever but, in the end I have no doubt it will be in my favor. Again congratulations Chief!

[Gastone]

MPsgt: "Book'em Danno!" I like to tell myself it was my prep and ability to present my "New&Material Evidence" that Won the Day. But Your right, I lucked out getting a squared away DRO and A VSO MCLg DRO Hearing Specialist that was a DRO for his last 12 years with the VA. Discussing my plan with him for 15 min before the hearing and his actually knowing and previously working with my DRO didn't hurt. Keep me posted regarding your BVA journey, I've got a couple Nam Vets I work with that are awaiting BVA Vidieo Hearings.

Semper Fi

Gastone