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metallicide

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Posts posted by metallicide

  1. 52 minutes ago, Richard1954 said:

    It really depends on your states laws.

     

    In Texas we have to apply to the state  between  Jan and  Mar  once approved we do not have to apply again unless our disability  status changes. In Texas we have a 100% disabled Veteran tax exemption , and then there is a separate Tax exemption based on any rating 10- 90%.   We are not granted any back Tax exemptions because the law requires is to request exemption from Jan - Mar and any exemption granted is only applied going forward.

    I have had different Mortgage companies but they all required proof of Tax exemption from the taxing authority to stop the escrow.

    Thank you. I don't expect any back pay but dropping my payment down 200 a month sure will be nice. Now to get my champva insurance so my wife can drop hers and save even more money!

  2. 2 hours ago, paulstrgn said:

    When I got 100 P&T the effective date was 8/2018 (I won a BVA decision in 7/2019). Now I live in Virginia and when I turned in all the paperwork to the county and then sent it to my mortgage company, the mortgage company adjusted my payment to eliminate the property tax. I am also going to get a refund from the state back to 8/2018. 

    But long story made  short, your tax liability should stop as soon as the mortgage company processes the paperwork.

    Congratulations on getting to 100% P&T!

    That's great to hear. I'm in Illinois. The tax office said shed date it for jan 1 2019 so not sure if that means I'll get back what I paid this year. Also thank you. It was crazy, 4 years got 90%, 3 weeks later TDUI 100% pay with P and T. I couldn't believe it. I was about two weeks from losing my house, then I see my bank account and almost passed out lol. 

  3. Just a month ago I hit 90% from 30%, literally a month later got more back pay and generated a benefit letter on ebenefits. They upped me to tdui permanent and total disability. I went from almost losing my house two months ago to being debt free. Thank you everyone who answered my questions and helped. 

  4. Ok thank you and yes I'm happy with the DRO. Its more than I even expected. I'm just freaking out a bit since losing my Ltd benefits. I will go ahead and file financial hardship with the claim and be a little patient. 

    Only other option is withdrawing my ssd claim and going on unemployment and trying to find work I can do which will be very hard to find.

     

    So even if you appeal one of the denials on the soc that wont slow the other increases down?

     

    Thank you so much. I've got a child and wife to take care of so if I seem a bit stressed that's why. Appreciate the help.

  5. 8 minutes ago, shrekthetank1 said:

    Looks to me like you need to give them an event that happened in service.  I know for me I was under mortar fire and rocket attacks along with shooting a lot of rounds.  I would do a lay statement also if you have a buddy in service to fill one out also.  You need that last piece of evidence.  

    Ok ya I can do that. So otherwise everything looks good then?

  6. Just now, Berta said:

    Can you scan and attach the SOC, here -as to the Evidence they used and their rationale for the denial?

    Cover your C file and name prior to scanning it.

     

    Yes I will do that tonight. Why didnt it put my back and other issues on the soc? PTSD increase was granted and was on it but not ny back it pancreatitis even though those show on the va website as granted. 

  7. 5 minutes ago, shrekthetank1 said:

    yes appeal and no it won't affect your ptsd.  As for when it depends on if there is a remand?  If not it will be the time it takes the rater to apply it.  So it is anyone's guess.  could be a month could be 6 or 7 months.  

    Doesnt say anything about a remand. Just says increase from 30 to 70 then tinnitus denied. 

    I checked the status claim online thing and it shows closed items and has granted above them on back and a couple other issues but still shows PTSD under appeal even though in soc it shows increase to 70. So confused.

  8. I received my soc and it shows increase from 30-70 on PTSD and denied tinnitus..which is insane lol. Anyway should I receive back pay soon and if we appeal tinnitus will my 70 percent PTSD stay in effect. Its not showing up on ebenefits yet either. Thanks for any help!

  9. 6 minutes ago, broncovet said:

    Powerslim gave you good advice.  Voc rehab may well help with your problem.  You see, you can get money every month from Voc Rehab, if you qualify.  (I dont know if you will qualify for voc rehab or not.)

    Depending upon where you live, and your rank at exit from service, you can get at least about 1000 per month for Voc Rehab, or much more depending on where you live. 

    BAH rates: (for post 911 vets)

    https://militarybenefits.info/2018-bah-basic-allowance-for-housing-rates/

    Excellent. This is something I will def look into as well. Thank you guys for your help.

  10. 7 hours ago, pwrslm said:

    TDIU is because you can not work. I ended up losing my business because of my back, out of work 1.5 years before 60% disability kicked in. (I almost lost everything.) IF you get a statement from employer that they make special exceptions for you because of your disability, then it may be sheltered employment and you can work but the VA will put it under a microscope and check every detail, so you should study up if you go that way. If not, just the fact that you "are working" will go against you. Its a double edged sword...

    Alternatively, have you looked at the VR&E program yet? They put me in college for a 4 year degree to replace my loss of employment. I could not run my business because of the physical work load, but just like you, I am not ready to quit and go out to pasture. Over 30% you have a good shot, but just like all VA benefits, study up and follow the reg's, get ready by being informed and knowing what it takes to qualify to get what you want from the VA.

    Chapter 31 VR& E info here; 
    https://www.disabledveterans.org/chapter-31-voc-rehab-page/

    Thanks man. Right now im 30% but that will be jumping fairly soon im pretty certain. My main concern was after my surgery I will be off and if I am unable to return I will still be considered employed because we have excellent FMLA but didn't know if it would hinder getting TDIU. Crossing my fingers surgery fixes all this but with fusions you never know. I have not seen the VR&E but I will def research it. They def would not be able to do any special circumstances for me at my job for long. I work in IT but its at a manufacturing plant so on average I walk 7 miles a day, tons of bending, climbing, operating lifts...etc  TDIU is just a backup plan, I really cannot go without pay for long at this point. I will def be able to be on light duty for a while just not permanently. Right now it's hard to even make it through the day but I manage. I would walk through burning glass to make sure my family is taken care of but some things are just not in our control. 

  11. 8 hours ago, pwrslm said:

    TDIU is because you can not work. I ended up losing my business because of my back, out of work 1.5 years before 60% disability kicked in. (I almost lost everything.) IF you get a statement from employer that they make special exceptions for you because of your disability, then it may be sheltered employment and you can work but the VA will put it under a microscope and check every detail, so you should study up if you go that way. If not, just the fact that you "are working" will go against you. Its a double edged sword...

    Alternatively, have you looked at the VR&E program yet? They put me in college for a 4 year degree to replace my loss of employment. I could not run my business because of the physical work load, but just like you, I am not ready to quit and go out to pasture. Over 30% you have a good shot, but just like all VA benefits, study up and follow the reg's, get ready by being informed and knowing what it takes to qualify to get what you want from the VA.

    Chapter 31 VR& E info here; 
    https://www.disabledveterans.org/chapter-31-voc-rehab-page/

    Thanks man. Right now im 30% but that will be jumping fairly soon im pretty certain. My main concern was after my surgery I will be off and if I am unable to return I will still be considered employed because we have excellent FMLA but didn't know if it would hinder getting TDIU. Crossing my fingers surgery fixes all this but with fusions you never know. I have not seen the VR&E but I will def research it. They def would not be able to do any special circumstances for me at my job for long. I work in IT but its at a manufacturing plant so on average I walk 7 miles a day, tons of bending, climbing, operating lifts...etc  TDIU is just a backup plan, I really cannot go without pay for long at this point. I will def be able to be on light duty for a while just not permanently. Right now it's hard to even make it through the day but I manage. I would walk through burning glass to make sure my family is taken care of but some things are just not in our control. 

  12. 25 minutes ago, broncovet said:

    Ok.  Good news and bad news.  First, the good news.  Yes you can get retro on your convalescent 100 percent but that will be for a limited period, usually a year.  

    Now the bad news.  You posted:

     

    No.  That is not the way TDIU works, on several levels.  First, you are not supposed to "quit" working to get TDIU.  You have to have a doctor state you are "unable to maintain SGE due to SC conditions".  You cant quit your job to collect TDIU.  Perhaps you dont understand TDIU.  TDIU means you are unemployable, it does not mean you are unemployed.  I will explain the differences. 
    Lots of people are unemployed for many different reasons:  They got laid off, they quit, the company shut down and a bunch more.  They can simply find another job.  Sometimes, they will have to be retrained, and Voc Rehab may help there.  For example, if your knees go bad, and you might be able to get a job where you dont have to have good knees, such as maybe a computer programmer.  
    Unemployable means you cant find another job because your doc says you can no longer work due to injuries related to service.  

    I should have clarified, the TDIU question is more of a just in case. I can actually stay on disability leave from work for a while if it came to it and apply for TDIU. Just didn't want to be left hanging if this surgery did not go well as i've heard some horror stories about fusions as well as some really good results.  

  13. 18 minutes ago, broncovet said:

    Ok.  Good news and bad news.  First, the good news.  Yes you can get retro on your convalescent 100 percent but that will be for a limited period, usually a year.  

    Now the bad news.  You posted:

     

    No.  That is not the way TDIU works, on several levels.  First, you are not supposed to "quit" working to get TDIU.  You have to have a doctor state you are "unable to maintain SGE due to SC conditions".  You cant quit your job to collect TDIU.  Perhaps you dont understand TDIU.  TDIU means you are unemployable, it does not mean you are unemployed.  I will explain the differences. 
    Lots of people are unemployed for many different reasons:  They got laid off, they quit, the company shut down and a bunch more.  They can simply find another job.  Sometimes, they will have to be retrained, and Voc Rehab may help there.  For example, if your knees go bad, and you might be able to get a job where you dont have to have good knees, such as maybe a computer programmer.  
    Unemployable means you cant find another job because your doc says you can no longer work due to injuries related to service.  

    I totally understand that. What I am getting at is it's getting very difficult for me to work with my back and PTSD. I don't want to quit because I just want to draw TDIU but if I need TDIU am I able to work up until it would be approved or not. Hopefully this surgery helps and I will be able to get back to work and recover well. I will not be able to stay on light duty at my job forever so if it came to me needing it I wasn't sure if I would have to quit first. 

  14. 27 minutes ago, pwrslm said:

    So you were not approved for SC on your spine and it is in appeals now?

    Back pay will only go to the date that you put your claim in. If you are in appeals now, your award will be the date you initially applied for disability. The law will not allow then to backdate entitlement any further. If you were turned down years before and didn't appeal, the only way to get back pay that far back would be if the VA committed a CUE, and you would want a lawyer for that issue. A lot of technical grounds on appeals because it starts to get adversarial  then on.

    I had fusion from S1 to L3, they gave me 3 months convalescent pay at 100%,  could have done 6 months the surgeon asked me what I wanted and I picked college (began VR&E the next month as a 60% disabled).

    Yes the service connection is in appeal now. Awaiting a hearing and my nexus letter to hopefully get it connected. It has been in appeal for two years at this point so the way it sounds by what you said is they should back pay the convalescent pay as long as it gets connected in the future?

  15. I am working on getting my back injury service-connected. I have Dr. Anaise writing a nexus letter and have one sworn statement from a soldier who was with me in Afghanistan during the incident. I am having a fusion done on my lower back in October. I am not sure if I will have this service connected before then. Jan Dils Law firm is doing my appeal case and we don't have a hearing date yet. Will the VA back pay convalescent pay if it gets connected after the surgery? And can you get TDIU while you are working and then quit working, I cannot really quit my job until I would be approved as I have a family to support.

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