Buck52

Well these test shows your hearing is good! Not sure why they say your tinnitus is better? or of constant noise. If I was you I would get an IMO from a Qualified Certified Audiologist using the VA guide lines on hearing and the Maryland CNA decimation test of the 50 words and compare these test. Ask the Audiologist to compare them? bone conduction test and the puretone levels ect,,,ec,, I don't really understand how they rate it but I know you need to be nearly deaf to get a SC Rating of at least to a 50% but you can have a 10% or 20% ect..ect/ rating for hearing loss or noise induced hearing loss jmo ...........................Buck

Oh I know Hamslice your trying to help and we both appreciate it, Well we will probably know wed 13th how things will go rather or not she can file for her on-set disability date. At least she will file for the disability. We understand about the 5 month wait if she is approved ,but she has some other issues as well we need straighten out we just hope we don't get some young person that don't know what there talking about at the SSA Window or Cubicle or pretend to know SS-Law . Were taking some of the SS-Law or SS rules with us incase we need back up... So we're gathering up medical evidence of medical records and hi-lighting all the important dates and events the last 4 years or so when her disability's prevented her from doing a efficient job. If anyone has any more advice we would appreciate it. Thanks Everyone ........................Buck

She is going to ask for a 2 year on-set date with her disability claim.....see what happens? Thanks everyone for your opinions and suggestions and information we both appreciate it. Special thank you to free_spirit_ect for finding all the links to the Applications and the SS Information & posting them. ........................Buck

Sometimes you don't have to show them ID card just let them know your a veteran....some will ask some will not! from my experience anyway! ..................Buck

Congratulations notapb1 Always great to hear a victory...enjoy that retro buddy! .........................Buck

I use to just show my VAMC ID Card until I got my 100%rating then I got a military ID Card. not sure your eligible at 20%??...I think you have to be 100% but you could call the 1-800 and ask. you maybe able to get an ID Card made? ...........................Buck

Depends on the rater if he/she ses how bad your PTSD has got and you tell them you can't work because of it and show medical rational Dr stating you can't work or to say that you can't be in a environment alone ect,,ect,, they may award the TDIU and bump you up to a combined rating of 70% and add the TDIU you be paid at the 100% but combined ratings you will be 70% The way they are now I don't know sometimes they give the TDIU Rating and some times they don't but if your above 60% you can appeal but if you have disability that is less than 60% you can still appeal and get TDIU if that particular disability keeps you from working. ..................Buck

This may help explain it better! §4.16 Total disability ratings for compensation based on unemployability of the individual. (a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment. For purposes of this section, 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. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination. (Authority: 38 U.S.C. 501) (b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue. [40 FR 42535, Sept. 15, 1975, as amended at 54 FR 4281, Jan. 30, 1989; 55 FR 31580, Aug. 3, 1990; 58 FR 39664, July 26, 1993; 61 FR 52700, Oct. 8, 1996; 79 FR 2100, Jan. 13, 2014] .......................Buck

If your not able to work because of your SC Disability yes they can deffer your claim to TDIU using the extra scheduler CFR'S REG's part (a) & part (b) What they may do is rate you 20% more above your 50% which would make you 70% and eligible for TDIU but only if your disability keeps you from working and in your C&P exam the Dr did say you could not be in a structure or close surroundings due to your PTSD Hence Unemployable. If they give you Service Connected 20% and your total SC %disability is 70% and not deffer you TDIU you can appeal that if you can't work. They should send you the TDIU Form to file for the TDIU in your decision. If they don't > Apeal the decision. jmo .............................Buck

Not sure why my text spaced out like that?

Yes they did hold- out her taxes SS& FICA and unemployment tax. They paid her good I think her gross was 1960.00 every week take home pay was 1638.00 or so! she worked 2 weeks out of the month plus a week vacation pay of the 1960 -tax so her income is about 54.55 k year Question ? she goes to the SSA Office Wed the 13th and file for Disability SSD ...beings they maybe a 5/6 month wait if she is approved...can she file for unemployment? .....................Buck

Anybody?

Well she kept working and her boss let her go because of her disability's...(this was a caregiver job of 19 years taking care of an elderly lady with Alzheimer's and the daughter was the boss) her boss called her on her day off and said this, ''hello, I am going to make this as short as I can''...''we decided to let you go because of your disability's''...., although my spouse was doing her job.above and beyond &did lots of extra things that was not included in her job she loved this old lady to pieces! no thank you for your hard work over the years or anything from the daughter just blunt and to the point. As for as them running out of money no chance this lady & family had millions. wrongful termination (yes) however the law reads that an employer has to have at least 15 people working under them before filling the suit....this was a caregiver job and the lady (92) Alzheimer's & only had 6 employee's. My spouse was ready to call it quits in 6 months this year &give her months notice and find a replacement but ya just never know how people can be some times. This put a financial hardship on us but that's the way it goes some times. My wife wrote the daughter an email asking if she would write a letter for her saying why she was temanated due to her disability's the daughter reply ''We were advised were not obligated to send such letter'' that was it never sign it or anything. We don't know why? they the daughter always had good things to say to my wife and actually said they were blessed to have my wife taking great care of her mother and it was that way for years and the trust and bond was there my wife loved working for them. ..........................Buck

Pete53 was your S award based on your panic disorder with agoraphobia?& did the VA Failed to show this on your prior award of 100% P&T? or did you have a secondary claim to receive the S award? they do TDIU the same way usually make the veteran ask for it...eh! .................Buck

Holey Moley two weeks eh! Good Luck ...............................Buck

Good post MarkInTexas! ...............Buck

Jaroocan After reading your C&P exam it looks favorable to me for increase to maybe 70/80% however the Dr did not have your SMR's & Your C-file during the exam, but the things he said in this exam seem favorable for increase in my opinion. That your PTSD has got worse since your last examination. Now just wait and see what the their decision will be, hopefully you will get an increase. others may chimme in GP what do you think? Berta, Gastone, broncovet ..........................Buck

Thanks Pete53

If she stopped working because of her disability's got to severe on 4 27-2015 can she have a OSD ( on set date) prior to that date because she worked and was in pain a lot with her disability's can she go back to when she was conceder disable which was in 2010 on set date of her disability's was in 2010 she has medical reports to show diagnosis.& impressions from the MD's the only thing is arguably with SSA is she continue to work up until her disability's forced her to stop working. which that date would be 4-27-2015 Anybody know? .............Buck

Well contact RO and ask them to code the rating sheet &ask for back pay! I thought Housebound was because the veteran could not leave home on his own b/c of his sc disabilitys/ if va rates housebound is housebound is awarded it should be compensated jmo ..................Buck

so if broconvet is awarded SMP HB under the pension table he don't get compensation? ...but if they rated him under the compensation table he does? I thought Housebound meant more compensation for the veteran? broncovet is awarded SMP Housebound but not getting compensation is the way I read this...so is this correct? he is getting the pension and not the compensation Housebound . I never know there were a difference...learn something everyday. ...................Buck

Get some help bud ASAP suicide will only create more problems/burdens for your family. ...................Buck

Leon2015, Yes sounds like you got a good report Bud! .......................Buck

Ms berta your orthos cost you over 600 bucks a year? custom made...you can't get them from the VAMC? My spouse wears one on her right foot but champVA said this was not covered...but the technician in Rehab check and said nope Champva don't pay and I think he said that one ortho cost 192.00 bucks......luckily for her the technician said sense he open it and tried on her foot he can't take it back put it back on the shelf if someone tried a pair on so he is going to have to just throw them away now and I didn't see you get them out of the trash can. so when your needed orthos go to the VA and try on a pair then they tell you champVA won't pay for them....and say well that's to bad your going to have to throw them in the trash now because I just tried them on..& as soon as you do I'll get them.....anyway that's how my spouse got her's she aint tried it anymore....LoL ........................Buck

broncovet, Are you 60%rated above the 100? TDIU or the scheduled rating of 100%? Maybe this is why? if you got Housebound and not over 60% from the 100% I don't see how they rating you SMP's Housebound and not get compensation? If your 100% and filed for the SMC for housebound & they Awarded it you should get paid for it. JMO .................Buck