andyxoxo posted a question in Eligibility - Veterans Compensation Benefit ClaimsHi, not sure what section to post these two questions so here goes: 1) Anyone know if being rated by the VA as 100% schedular or TDIU satisfies the IRS requirement as being totally disabled in order to be able to make IRA withdrawals penalty free before age 59 1/2? Or would I have to be approved for SSDI as well? 2) Are VA retro payments based on year's past rates or the current year's rates? For example, in 2012 we get a 3.6% raise on our disability payments. But let's say my NOD is approved in 2012 and am thus owed a couple of years backpay on my new rating. Will those back payments be entirely based on the new 2012 rates (with the new 3.6% increase included) or a mixture of the previous years' rates with the current year's rate. Thanks, ANdy
Hi, thanks for your thoughts. Yes, the comments I quoted are from the doctor that performed last month's C&P. And yes this is the actual C&P result (guess I should fix that in my original post)
Hi, thanks for running this great forum. Have been able to learn a lot :) Am hoping that I could get some input from the VA Disability experts here. I'm not one to twiddle my thumbs when I could be doing something in the meantime to progress my case so this is why I'm asking the below questions to see if I could be doing something constructive while waiting for my C&P exam results to be looked at by my DRO. So basically, I'm 42, no college, was an aircraft mechanic in the Air Force and retired since end '07. I have no earned income since my military retirement.Got rated last year at 60% SC for "severe & persistent" incontinence due to weakened sphincter muscles from five anal surgeries whilein service and also received 10% for anal scars pain. The anal scars are from the surgery sites. I was denied TDIU because they said I could perform sedentary work. Well, they didn't put two and two together that anal pain causes me pain when sitting for longer periods of time (which seems to me to be a requirement for sedentary work) so I immediately did the NOD. Last month I had the C&P for the NOD and this is what the physician wrote in the completed C&P report: "The veteran will not be able to have gainful employment primarily because of his anal sphincter problem causing fecal leakage and incontinence requiring him to use absorbent pads and the absence of anal control would also cause fecal soiling which would be very uncomfortable and shameful for the veteran if this occurs in his workplace. Furthermore, he has constant pain over the anal scars that he is not able to sit for prolonged periods. He can only sit still for 10 minutes after which he has to stand up to relieve the pain. The scars also tend to become very pruritic [itchy] when dry which is very uncomfortable for the veteran which will decrease his concentration. He will not be able to to push, pull, lift heavy equipment due to the anal condition because this can further aggravate the lax muscles around the rectum." So based on this C&P exam result, I have two questions please: 1) What do you think my chances are of getting approved for TDIU? Just am curious based on your experience. The reason I ask is if you think that I should in the meantime while waiting for the DRO to getting around to making a decision on this NOD be doing something to further my case? For example, do you think I should write and send in an update to the NOD pointing to the above C&P statements and perhaps add my words to it (explain more in-depth my sitting problems)? Or will that just make things worse (slow down progress) or piss off the DRO? 2) And if in your experience you think that the above statements will not be good enough for me to be found IU (too vague, not enough info, the DRO will need more facts etc) then I should start seeing my own doctors to get their medical thoughts on paper just in case the DRO declines IU. I heard that if you have two personal doctor's opinions they will override the VA doctor's.But since the VA doctor said that I can't work I don't think I should even have to seek other physician's opinions and opinions. Like I said, I just hate twiddling my thumbs so just want advice if you think I can do anything to help myself while I'm "patiently" waiting. I thank you so much for any thoughts and guidance, Andy Oh on a side note, I already have all the SSDI paperwork filled out just in case my TDIU comes back approved; Pain Questionaire, Daily Activity Report, Work History Report & Disability Report. Wow, took me two weeks to complete all that stuff. But I think that if the VA says no to TDIU then SS would also deny me SSDI since I'm using the VA as the medical evidence....