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Buck52

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Buck52 last won the day on March 27 2017

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About Buck52

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  • Military Rank
    E-5
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    Helping other Veterans and watching my grand-monsters grow up! Vietnam Veteran

    To care for him who shall
    have borne the battle
    and for his widow
    and his orphan."
    ~Abraham Lincoln

    If you smoke STOP NOW its not easy and its never to late please don't let open heart by pass surgery be a good motivator to Quit.

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  • Service Connected Disability
    100%
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    grandkids!

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  1. After they recieve your claim they should let you know they got it and is pending. if your on myhealthevet or e benefits this is a faster way its all done electronically, but snail mail is also good just slower. They will more than likely set you up C&P Exam , the examiner will check off all your symptoms (Yes ) or (No)and ask you questions just be open and honest during this exam.
  2. you can send it in your self via post office be sure to get a certified return receipt and keep in safe place, double check everything , you may want to hi-lite the crucial parts from Dr's statements ect,,ect,,, & attach in good organized way, let us know what they decide. Good Luck
  3. quote from demodemon7 ]Since being SC at 50% PTSD in 2014, I have been in numerous treatment programs spanning 2015, 2016, 2017, and 2018. All time periods were for up to 6 months-one year.'' was you hospitalized every 6 months from these past years? what were you hospitalized for? PTSD? Uncontrollable anxiety was you placed in the PTSD Ward 6 months each of these years.? 2015,2016,2017 and 2018?..if all above is true you may want to disagree with the 50% rating because to me it sounds like you should be 100% and if you win this they should go back to the date you got your 50% in 2014 or the date you filed for increase. Now with this said if your in therapy treatment for Mental Health I don't think you can file on that m but it is substantial to your MH Claim. what ever you do please stay in treatment and worry about a claim later just remember the time limits you have when disagreement with your claims.
  4. As broncovet mention go ahead and file and see what they say ? They should still process your claim. if you have been denied , in 2015 you might want to reopen this claim and go for a EED. You need New & Materiel Evidence What you are asking is just is some what uncommon and we don't know the whole sernerio of your case. With this New RAMP in effect since Fed 19th of this year they may can do something you may check on an attorney or a Veterans Claims Agent to help you, if you have a large retro they should be glad to help, just don't give up ask more questions here on Hadit. sorry my above post was discouraging.
  5. broncovet is right on be careful about your finances the VA will and can appoint one (judiciary) for him and it may not be you, like bronc mention you take care of the finances and let that sleeping dog lie. glad you got to keep the 70% its good he has not got worse for both you guys sake.
  6. If your unsure you may have sleep apnea request a VA Sleep Study ...they will be the ones to diagnose you if you have it.?
  7. I am not saying you can't work and get IU you can if you meet the criteria to do so. Read this from Veteran Attorney Chris Attig. (V.L.B.) without breaking the VA unemployability income limits. #1: Marginal Employment & TDIU Benefits. This is the type of income that many veterans are aware that they can receive even after being granted TDIU Benefits. Simply go to the US Bureau of Census website, and look up the “poverty threshold for one person”. (Click here to see the historical poverty ratings tables from 1959 – 2015). You will see that, for 2014, the poverty threshold for one person is $12,316 per year (if you are under 65), or $11,354 (if you are over 65). In most cases, veterans are advised that these poverty thresholds are the VA unemployability income limits. So, this is the first way that you can earn an income – and continue to receive a 100% TDIU rating – without breaking the VA unemployability income limits: ensure that whatever income you make stays below the poverty thresholds for your family size. Each year, the VA will ask you to verify your employment (or lack thereof) to determine whether you are eligible to continue to receive TDIU Benefits. They typically require that you use VA Form 21-4140 or 21-4140-1 to do this report. The VA does cross check 2 databases that I know of: Social Security databases that record your work/income history, and IRS databases that record your family income on your annual tax returns. Word to the wise: if you are telling different income stories to different federal agencies, you are playing with fire, and may even be committing fraud. If you indicate in this form that your income is higher than the poverty threshold, a proposal to reduce your TDIU benefits will be forthcoming. It’s one of the few times that the VA acts with a sense of purpose – when they want to STOP paying you. #2: Sheltered Employment & TDIU Benefits Another way that Veterans can earn an income while receiving TDIU Benefits – and without breaking the VA unemployability income limits – is by participating in what is called “sheltered employment”. There are many ways that your income can be considered “sheltered”, but 2 that are clearly identified in the regulation itself: 1) Family business 2) Sheltered Workshop (these are supervised workplaces for adults with a physical and/or mental handicap) Now, just because you are working for a family business doesn’t mean your job is considered “sheltered employment”. It has to be what the regulation refers to as a “protected environment”. N.B. – Veterans case law is not 100% clear on what constitutes a “protected environment” or “sheltered employment” or “marginal employment” for TDIU purposes. I strongly encourage that you get legal advice from an accredited VA attorney if you believe that your work is sheltered/marginal/protected so that you do not lose your TDIU benefit because you exceed the VA unemployability income limits. A protected environment occurs when the employer makes special accommodations to employ and provide an income for a family member or a disabled worker. This happens quite a lot – a family business, to reduce its tax burden or simply to help another family member, pays a disabled Veteran family member an income that they would not otherwise be able to receive. How can you tell if there is a protected work environment so that you ensure your income does not get flagged as exceeding the VA unemployability income limits? What kind of questions would you ask, and what kind of evidence would you need? If you can get answers to the following kinds of questions – typically in an affidavit by the business owner or the executive in charge of hiring/staffing – you will have a much stronger proof of entitlement to TDIU benefits even while earning an income well above the poverty threshold in a sheltered employment situation. 1) Did they employer provide any special accommodations (especially if they are not required to by the Americans With Disabilities Act) to accommodate the employee with disabilities? These accommodations are most commonly adjustments to the work schedule, the work environment, or the work duties. I have not handled a case yet where a major employer, covered by the Americans With Disabilities Act, provides an accommodation to a 100% disabled Veteran as required by law to do. This is an interesting question as to whether or not the employment could be considered sheltered when the company has a legal obligation to enact accommodations. I am not aware of any VA precedent on this topic – if you do know of a precedential case on this topic, don’t hesitate to let me know! 2) If the employee leaves the company, will the business hire a “similarly situated” person to fill the position (i.e, another worker with a disability)? There are 3 scenarios here: Scenario #1: If the business plans to modify the Veteran’s position after he or she leaves so that there are no longer accommodations to the work duties, environment or schedule, then you can make a pretty good argument that the employment is sheltered. Why? Because it appears that the position may have been created or modified just for the disabled Veteran. Scenario #2: If the business plans on continuing the accommodation, then its a pretty good argument that the position itself – and anyone that holds it – is sheltered employment. (Many employers do this for the tax advantages available to certain types of “sheltered workshops”). Scenario #3: If the business plans to eliminate the position after the disabled Veteran leaves the job, then it is most likely “sheltered employment”. None of the above scenarios are absolute: the more evidence you can show that an employer created a job for a 100% disabled Veteran – whether for “feel-good” reasons, tax incentives, or any other reason other than common business reasons, the stronger your case of showing that your position is “sheltered employment” and keeping your additional earnings within the VA unemployability income limits. 3) Is there evidence that another business in the same industry would NOT hire a similarly situated employee, and pay them a similar income, for the same type of work? What do I mean here? If your family business pays you $50,000 a year, while allowing you to come in to the job “only on the days you feel up to it”, look to other businesses in the same industry to see if they would pay that same salary to an employee that comes and goes at will. Where do you get evidence of this sort of thing? Honestly, you would hire an economist to prepare an expert report on the nature of the employment and whether or not it is sheltered, based on a survey of the particular industry. This type of expert report can get really expensive, so I would not typically do this unless it was really questionable whether the employment was sheltered or not, and there was a lot riding on the outcome. Frankly, providing evidence that answers Question #3 is probably a bit “over the top” in most Sheltered Employment claims. Legal Advice in Sheltered Employment situations. Be very careful with the Sheltered Employment rules. They are not frequently applied, many in the VA do NOT know about them, and they can lead to serious consequences if applied incorrectly. The VA fiercely protects what they believe to be the VA unemployability income limits to make sure that veterans do not abuse the benefit. I’m not telling any details here, but I know of a couple veterans who have been charged with criminal fraud for collecting TDIU benefits while exceeding VA unemployability income limits – they received a (sometimes very small) income and doing nominal work for a family member’s business. These charges usually will not stick – as the US Attorneys that prosecute these crimes have far less understanding of VA regulations than even most VA raters or Board Hearing Officials. But you’re going to have to pay a criminal defense attorney to make it go away, and the VA ain’t repaying your attorneys fees. That said, it is ALWAYS BEST to get legal advice – call a VA Accredited attorney and ask for a consultation – if you are considering earning income above the poverty threshold and want to know if it is or is not considered “sheltered employment”. Source: Chris Attig Veterans Law Blog
  8. NikkiMo Can you post a redacted copy of your denial? block out name and personal info.
  9. MarineLCpl How old are you ? I did not have enough work credits in to get SSDI When I was awarded TDIU P&T And to young to get SSR I had to wait 15 years to get SSR When I turn 63 And I was on TDIU P&T When I filed for SSDI....Plus SS Denied me 3 times so I got fed up and just waited the 15 years to get the SSR.at age 63 I think the SSA B.S. me until I gave up. didn't have the funds for an attorney back then.
  10. If your getting IU AT 80% YOUR NOT SUPPOSED TO BE WORKING AT ALL THIS IS GIVEN TO VETERANS THAT DON'T MEET THE 100% SCHEDULER BUT THEY CAN'T WORK DUE TO THE DISABILITY RATED AT 70% OR IN YOUR CASE COMBINED DISABILITY'S AT 80% YOU WOULD BE OK FOR A YEAR OR SO UNTIL THE VA CHECK WITH SSA/IRS...THEN YOU PROBABLE WOULD BE REDUCED. YOUR PLAYING WITH FIRE IF YOU DO ANY TYPE WORK THAT PRODUCES REPORTED INCOME. WITH A COMBINED RATING AT 80% AND GETTING IU PAID AT THE 100% RATE. They do have exceptions for this SHELTERED INCOME OR WORK ON A FAMILY FARM... but only in special circumstance...if you get a VSO and he/she tells you you can work ask for the Regulations on that and then decide for yourself. Sorry for the Caps just now noticed it............
  11. brokensoldier244th The only thing I don't understand is if they would have rated him for 100% PTSD and not the 70% then he would not be having this problem being 100% , I am only guessing that his PTSD Symptoms only showed the criteria for the 70% Rating.......the part I don't understand is if he goes for Increase on his 70% PTSD the next higher rating is the 100%. But if they gave him IU he is being paid at the 100% rate but his rating is under the 100% scheduler....being he has the IU Rating and combined that rating to 80% combined then he would need an additional S.C. Condition Rated at 60% to reach the 100% scheduler. secondary claim to his PTSD is the only way I know for him to reach that if he don't have another s.c. condition to file on.
  12. I don't think you can now because its been to long usually Veterans have a 30 day time limit after being hospitalized to file temp claims. Usually the 100% temp rating and pay is for 3 months or ever how long the Dr's say you need for recovery. Example: A Veteran had a left knee injury that resulted in a 30% disability rating. As the knee problem got worse, the Veteran’s VA doctor recommended surgery to stop more damage from happening. Since the doctor wouldn’t know if the surgery was successful until 3 months after the Veteran’s 1-week stay in the hospital, we granted the Veteran a temporary 100% disability rating for 3 months. I could be wrong on this if anything has changed?
  13. Yes this is right because you can't have two MH Ratings at the same time , but they are suppose to give you the one with the higher rating, since they both were 70% they picked one for you. you need to apply for increase on the PTSD 70% rating if it has got worse since your last rating? Then if you get another the 30%you need that should send you to the 100% scheduler BUT HOLD ON...> However that's not how they calculate VA Math you would need the 30% increase on the PTSD and another S.C. CONDITION RATED AT 30% or Higher to meet the 100% scheduler..they do it this way to make it hard for a veteran to reach the 100% scheduler when he is below the 100% rating even with IU. IF YOU HAVE SOME SECONDARY CONDITIONS BRANCH OFF FORM YOUR PTSD (like sleep apnea)) then file for that based off secondary condition caused by or related to your PTSD (Meds) you can check at the MH CLINIC ask them to refrer you to the sleep clinic if you have problems sleeping /snoring breathing stop breathing ect,,ect,, for a Sleep Apnea Study and likely as not they will diagnose you for Sleep Apnea or OSA and prescribe you a C-PAP That is medically necessary to use for your health. then file a claim for sleep apnea secondary to your S.C. PTSD. if awarded 30%increase on your PTSD & awarded the Sleep Apnea at say 50% (50% is usually auto for use of C-PAP Machine...this could not only beef you up to the 100% scheduler but good very well qualify you for SMC S H.B. on top of the 100% comp.
  14. Not sure this is the same thing Ms berta mention? the Choice Revamp Pre Votes=VA Mission Act June 6th 2019. Its what our North Tx VAMC Director Steven D Holt MD ,sent email The new community care program is in effect as of June 6, 2019. The VA’s traditional community care program and the Veterans Choice Program end as of June 6, 2019, and the new program and eligibility criteria are in effect. The urgent care benefit also begins in June, 2019. A complete rollout of all six regions of the Community Care Network (CCN) is expected by 2020. Upgraded IT systems are also being implemented, with some expected to be completed in 2019 and others in 2020. Or clink link and read. VA North Texas Mission Act Info Pack.pdf
  15. MarineLCpl , I understand they drop the IU and gave you an increase for PTSD? to 70% plus the other 10% =80% combined rating If correct you actually went backwards as for as compensation pay. If you are currently rated at 80% combined rating...it will take another S.C. Condition rated at 60% for you to reach the 100% scheduler . I don't understand why they took your IU? And not gave you the increase to 70%??...the next rating would have been 100% for PTSD you need to recheck your award on this rating...what did they say ?
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