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SecurityForces03
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Posts posted by SecurityForces03
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46 minutes ago, john999 said:
I'm not pushing or looking for loopholes, but like most vets, IU or full 100% still want to do some type of work, feel important, or just keep busy.
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What is the SMC award you're talking about?
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what SMC are you talking about?
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1 hour ago, Buck52 said:
TDIU can be a Temp rating for different reasons mostly after a hospital stay for 21 days or longer to recover.
But in most cases 90% Combined rating is given when the S.C. disability only warrants a 90% rating and you can't work because of this S.C. disability...
That is what TDIU is for..
The P&T IS A GOOD THING B/C your spouse can get ChampVA Insurance and you can get military ID Cards for you and your family for shopping at the on post commissary /park passes ect,,ect,,, IF IT SAYS ON YOUR AWARD LETTER THAT YOUR DISABILITY IS OF NATURE AND NO FUTURE EXAMS SCHEDULED you should apply for the SMC but I think you already have that so your good to go.
just be careful about going back to work unless you want to or your disability improves , this working with TDIU P&T and just making the poverty level earnings of 12.400 or less is playing with fire in my opinion & (this is a debatable subject matter with different interpretations) CHECK YOUR CFR REGULATIONS WITH A FINE TOOTH COMB
I think poverty level was change in 2016 to 11.400 anyway just make sure you understand the issues that can cause if you ever get a Proposal to reduce the IU benefit's going back to work and getting TDIU P&T
jmo
I confirmed with th VA that it is P&T which they stated requires NO more future exams.
Also, takes to the center manager who explained the poverty level depends on marriage status and dependents. Since I'm married with 3 children, it was closer to the 29K mark.
Also, working is frowned upon, however, having sheltered work or work that's NOT full time such as part time work, real estate, owner of a business, would be fine.
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Hi Everyone,
I am currently 90% Sc'd and was just granted TDIU. When I read the letter, this is what it says:
You have one or more service-connected disabilities:Yes
Your combined service-connected evaluation is: 90%
You are being paid at the 100 percent rate because you are unemployable due to your service-connected disabilities: Yes
You are considered to be totally and permanently disabled due solely to your service-connected disabilities: Yes
You are in receipt of special monthly compensation due to the type and severity of your service-connected disabilities:Yes
I am most interested in the section where it says I am Permanent and Total. But isn't TDIU just temporary? Can anyone shed any light? Also, I found out about the poverty level earnings. It IS BASED on you and your dependents.
Thank you,
SECFO
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Hi Everyone,
I am currently 90% Sc'd and was just granted TDIU. When I read the letter, this is what it says:
You have one or more service-connected disabilities:Yes
Your combined service-connected evaluation is: 90%
You are being paid at the 100 percent rate because you are unemployable due to your service-connected disabilities: Yes
You are considered to be totally and permanently disabled due solely to your service-connected disabilities: Yes
You are in receipt of special monthly compensation due to the type and severity of your service-connected disabilities:Yes
I am most interested in the section where it says I am Permanent and Total. But isn't TDIU just temporary? Can anyone shed any light? Also, I found out about the poverty level earnings. It IS BASED on you and your dependents.
Thank you,
SECFO
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3 minutes ago, Buck52 said:
Gastone Actually IU Does pay Additional Allowance for dependents , Your right about the spouse income that don't matter as for as a Veteran on IU.
What I don't understand if this Veteran is working how will he be Awarded IU?
I'm not working!
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4 minutes ago, Buck52 said:
''My question is: Does the VA look at the poverty level for a single person or a family as it pertains to earnings for the year? I'm married with children.''
''Thank you!''
If you have not been approved for IU you need not worry so much about this until your grated the IU.
IU is hard to get especially if your still working?
if you are you are working your probably going to be surprised if your denied.
Never put the cart before the horse.
I'm definitely unemployed. I've been dealing with the VA since 2007, been through appeals, before a judge, seen a lot.
Im just trying to see if I worked ever again, is it the poverty level for a family of 5, since I'm married with kids? Or is it for a single person.
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3 minutes ago, Buck52 said:
Well the poverty level changes within each year so I am not sure what the 2017 pr overtly level is?
What does substantially gainful mean?
The VA uses this term to mean employment for which the veteran is earning above the poverty level. The poverty guidelines for 2016 indicate that a person earning less than $11, 880 is earning below the poverty level. Of interest, VA regulations indicate that sheltered employment, such as self-employment or working for a family member in a position from which you cannot be fired, does not count as substantially gainful employment.
What does it mean to secure and follow a job?
Basically, these terms just clarify that a veteran is entitled to TDIU if his service-connected disabilities prevent him or her from getting a job and/or if those disabilities prevent him or her from keeping a job. While some physical disabilities such as knee or back problems would be obvious at an interview and might prevent a veteran from getting a job, other disabilities, such as PTSD, might not show up at an interview. A veteran with a service-connected mental disability might have no trouble getting jobs, but keeping a job, with symptoms such as impaired anger management, depression, or an inability to get along with others, is much easier said than done. Both the inability to get a job and the inability to keep a job would qualify a veteran for TDIU.
Source: Hill & Ponton Disability Attorneys
Thanks Buck!
Do you interpret the poverty level to be a single person or family?
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36 minutes ago, Buck52 said:
The VA defines individual unemployability as being unable to secure or follow a substantial gainful occupation as a result of service connected disabilities. 38 C.F.R. Sect. 4.16(a). You can qualify for individual unemployability also called Total Disability based on Individual Unemployability (TDIU) in a few different ways. First, you must be unable to engage in substantial gainful occupation. So if you are working on any significant basis you will not qualify. You must also have either a single disability rated at 60% or more, or more than one disability where at least one of the disabilities is rated at 40% and the additional disabilities give you a combined rating of 70% or more. However, even if you don't meet the percentage requirements stated above it is still possible to be found individually unemployable on an extra scheduler basis if it can still be shown that your service connected disabilities prevent you from engaging in substantial gainful occupation.
It depends on how you get the IU , If its given as a combine rating that you were not actually 100% then no you can't be working, now if its given to you at 100% then you can work and make so much$$
As I understand it I tell all veterans that recieve IU becareful about working and be sure to send in your employment questioner every year usually on your award date.
Hey!
Thabks for the response! I'm pretty clear on that info you listed above. The law states you can still earn while on IU. However, it says you CANNOT earn above the poverty level.
My question is, what is the poverty level? For me? Or for a family?
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Hi All,
I'm currently 90% SC'd and in the process of waiting for IU to be approved. While I'd like to try and be productive and have a small job still, I've read that you can earn up to the poverty level.
My question is: Does the VA look at the poverty level for a single person or a family as it pertains to earnings for the year? I'm married with children.
Thank you!
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32 minutes ago, Gastone said:
Doing the "What Ifs" is probably an exercise in futility at this point, especially with a PTSD Increase. Best to just wait for the Rating Decision, then you tell us.
I know, it's easy to say sit back and relax, hard to actually do. If the EOR supports the requested Increases, then you're GOOD, not much more you can do but wait.
Semper Fi
You're totally right. I have pretty bad OCD, but most of us going through the VA debacle become obsessed as well.
I try to read as it's one of my enjoyments. As you suggested, it's better I sit back and wait to see what happens. I'll post the results of the claim when I find out!
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43 minutes ago, Buck52 said:
On e benefits it states I have a final degree of 100%.
but if you add up all the others I am at 190% with 2 SMC's
so a veteran can be 400% and still have the final degree of 100%
jmo
I totally understand that.
im asking if you're 100% PTSD and you're 100% with other symptoms, does it matter?
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1 hour ago, Gastone said:
Any chance you could post a redacted copy of your recent PTSD C & P DBQ that you believe supports a Bump from 70% to 100?
The 38 CFR 4 rating requirements for a 100% PTSD Rating haven't changed even though the DSM IV DX Criteria has changed to the DSM V.
You indicate this is a New Claim for PTSD Increase, what was your original PTSD Award & Effective date? You didn't NOD your original PTSD 70% Award, why not?
Were those Fed Cops rated at 100% solely on PTSD? That would be a scary thought, from the public and employer perspective. We can only imagine the Civil Litigation exposure that would create.
Semper Fi
I just had my C&P exam for the PTSD increase. Some of the questions entailed my grooming and agoraphobia issues.
My original PTSD award was 70% in 2011. Things have gotten worse and I filed for agoraphobia, secondary to PTSD. I was scheduled this past week for a C&P exam. I didn't fight the original 70% because I felt that it was appropriate. I always compare to other vets but no 2 people are the same.
Those cops I mentioned were Total and combined at 100%, not solely PTSD. Although, I do know plenty of cops out there rated at 70% PTSD and "working just fine". IMO, it seems like ratings are solely based on who is rating your case.
Thanks.
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It makes sense. If I was 100% solely on PTSD and 100% on everything else excluding PTSD, I would still be 100% PTSD.
In other words, my PTSD would be rated at 100% and my testicular, hearing, back and tinnitus would also equal 100%, then obviously I'd still be at 100%, but does the PTSD at 100% outweigh the other items that equal 100% as well? Tough.
Again, the working question comes up. Working a job that pays 10-15k a year is below the poverty line, compared to a 50-100K a year that many vets make while rates total and combined at 100%. I knew a few Fed Cops rated at 100% total while making 150K a year. Interesting topic.
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I understand that, but what if my PTSD goes to 100 and my other stuff increases as well to 100?
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Hi All,
I'm currently 90% combined with PTSD and a few other issues. The PTSD is 70% of it.
My current claim is for PTSD increase and a few other increases. I think they'll all be increased.
If my PTSD increases to 100% and my other illnesses get increases to equal 100%, does it really matter for work purposes?
I want to try and work for sanity and routine purposes, but I've read you can't work if you have PTSD at 100%? Would it matter if all my other issues also equal 100?
Thanks!
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Just now, Buck52 said:
if your 80%S.C. Now and get a 70%PTSD Rating according to VA Math that is a 94%rating which would render you a 90% combined rating that is enough to use the extra schedular rating system for IU,
Now if you were to get a 100 % PTSD Rating that would boosts you to 100 % & plus you would meet the SMC Criteria. SMC-S H.B. another347 Month with spouse on top of the IU Rating..
I'm 90% combined now.
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8 minutes ago, Buck52 said:
However if you apply for increase and the increase warrants IU then they should infer the IU,( So watch that carefully) but you may get a 100%rating too so these two ratings pay the same & same benefits.
some say the 100%rating is better, I defer I think the IU is a better rating b/c 100% is subject for re-exams...the IU is too but they tend to leave the IU Vets alone as for as re-exams..but the VA Can call any of us in for a exam under 20 years.
jmo
That's where I'm kind of in limbo! I may be increased on my testicular issues which would put me at 100%.
IU is a possibility, but even with low pay, it kind of helps me stay somewhat functional. If that makes any sense.
At this point, I'm waiting for anothe PTSD exam and then I should have a decision on my claim.
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7 hours ago, Buck52 said:
SGI Means substantially gainful income or employment? your not allowed or suppose to make more than that (12.400)
IU,your not suppose to be able to work b/c of your S.C. Disability's & to get it you have to prove you can't work from medical documentation from a Qualified Dr & medical evidence and a letter from VA Voc-Rehab stating you are unfeasible to train b/c of your S.C. Disabiltys would help you tremendously
At this point, I'm not on IU but could/should be. Going from a good job to barely being able to make minimum wage is rough.
I will keep you guys updated as soon as I get my QTC appointment for mental health exam.
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18 minutes ago, Gastone said:
$300 a week (about $15,480 yrly) would definitely be a problem in regards to Earned Income below the SGI ($12,400).
The wait is on.
Semper Fi
Should I bring up that my income is gone because of my disabilities?
I know that sounds like a no brainer, but I just want to make sure they understand fully, not just a monetary amount.
what does the SGI stuff do?
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21 minutes ago, Gastone said:
Then there's the 2010 PTSD 70% Award itself. If you're under 55 a Re-exam being Diary Dated for every 3 - 5 yrs is not unheard of, actually, it's required.
If you've been receiving ongoing VMC MH treatment, there's a good chance of a proposed PTSD SC Reduction. Do you think there is even the slightest possibility your PTSD symptoms have improved? Strictly my opinion now, the VAST majority of VA & Private PTSD Clinicians believe that a Vet's PTSD symptomology will definitely improve with comprehensive MH treatment. Think Job Security, on their part.
BE Prepared!
Semper Fi
Thanks for your write up.
Since I have asked for something secondary to PTSD (agoraphobia), I think, well it's obvious, that the VA would need to do a mental health evaluation to decide.
I think the caveat to that is, the VA probably realized that the last time I used a VA facility was at the beginning on 2016 when they prescribed me more psych medication.
Im assuming this is their chance to either increase me (agoraphobia), keep me the same, or decrease. I don't think I've gotten any better. I'm no longer employed at my 80 hour, 110K year job. Rather, I'm making 300 dollars a week now. I couldn't handle that stress anymore.
Edit: this will be a QTC exam FWIW
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9 hours ago, Buck52 said:
well I'm not saying they will reduce you just because you apply for an Increase...its just that the VA likes to keep up with our conditions from time to time and when they can't get any information via VA Medical records or private they assume the veteran disability's have improved.
so they send a proposal to reduce benefits, you don't need to worry about that until it happens and if it happens, this is just my opinion and possibilities of what could happen.
Any suggestion since this is for an increase? I'll bring my list of medications to my appointment. I'll just see what happens!
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11 minutes ago, Buck52 said:
yes they sure can this is why veterans need to use the VA OR Report/share their private medical records with the VA
Wow, that would be terrible to go in for an increase then find out they're dropping you a percentage.
TDIU granted, but also PERMANENT?
in TDIU Unemployability Claims
Posted
I thought you were talking about something different. I'm receiving an SMC K award.