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Air Force Vet

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Posts posted by Air Force Vet

    TDIU awarded

    in Success Stories

    Posted

    On 7/27/2018 at 3:50 PM, Wayne TX said:

    AVF......was this done through RAMP? 

     

    No it was not done through RAMP. I file through the traditional claim process. 

    On 7/27/2018 at 3:50 PM, Wayne TX said:

    AVF......was this done through RAMP? 

     

    No

    TDIU awarded

    in Success Stories

    Posted · Edited by Air Force Vet
    More content

    I would like to thank everyone who provided me with such valuable information concerning my Individual unemployability claim. I did receive my 100% disability. I filed my claim on April 16, 2018 and my claim was awarded on June 20, 2018. It took only 64 days to complete. Thanking you all again for your help. God Bless you all. 

    Air Force Vet

    No longer needed, second signature in claim gathering of evidence

    in VA Disability Claims Research

    Posted

    On 5/13/2018 at 2:44 PM, Air Force Vet said:

    Thank so much for the info and your time. Have a great day. 

     

    On 5/13/2018 at 2:44 PM, Air Force Vet said:

    Thank so much for the info and your time. Have a great day. 

     

    On 5/13/2018 at 2:44 PM, Air Force Vet said:

    Thank so much for the info and your time. Have a great day. 

     

    On 5/13/2018 at 2:13 PM, Buck52 said:

    ok if your approved for the IU YES they should use the date you first filed for the IU...So check the reasons and bases  date or ''What We Decided'' date for your EED it should go back to the 4-16-2016 date.

    Thank you Buck for your help. I did receive my 100% for my IU claim today June 20, 2018 and it is p&t. The claim only took 64 days. Thank you so much for your help. 

    No longer needed, second signature in claim gathering of evidence

    in VA Disability Claims Research

    Posted · Edited by Air Force Vet
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    On 5/12/2018 at 6:25 PM, Air Force Vet said:

    I am new to this forum. I filed a claim for IU on 4/16/2018. I see in ebenefits that my claim is in the gathering of evidence phase. Under needed from you it says date not available, no longer needed, second signature. Could some please tell me what this mean.  I am rated at 90% disability for back, knees and feet. 

    I want to thank everyone who responded to my post and provided input. I just want everyone to know that I received my 100% disability on today for my IU claim and it is p&t. My claim only took 64 days to complete. Thank you all

    No longer needed, second signature in claim gathering of evidence

    in VA Disability Claims Research

    Posted

    1 hour ago, Berta said:

    Thanks for clarifying all that- it changes everyuthing I said above . They will not pay TDIU if a vet is substantialy employed.

    However they stated:

    " If you stop working you should reapply for the benefit since you meet the schedular requirements."

    Hopefully that will garner you 100% .I believe your EED, after your last post, will be  January 20- 2017.

    But it is very difficult for us to opine on what VA will or wont do.

    They gave no conditional statement after 'if you stop working', as far as I know - so I guess SSA retirement will not be an issue.

    Thank you Berta,  you and I are on the same page. I assumed EED would be the day I stopped work of 1/20/2017. Thank you so very much for taking the time to answer my questions. 

    No longer needed, second signature in claim gathering of evidence

    in VA Disability Claims Research

    Posted · Edited by Air Force Vet
    Add more contents

    2 hours ago, Berta said:

    I dont know why but I copied only a minimal part of the thread but more came up in my reply----

    Ait Force Vet -can you scan and attach here the parts of those last decisions that show their reasons and basis for no award  of TDIU in the past decisions?

    Cover your c file # ,name, address, prior to scanning it.

    It is always possible that this prior decision contained CUE.:

    "I was awarded a 70% disability rating on 4/16/2016 filed for iu and was denied."

    But that would depend on what type of award you will hopefully get in the decision they make next- as to the TDIU.

     

    Berta I hope this helps

    I do not have access to a scanner but I am writing what was in the statement of case 

    I was awarded 70% disability rating on 5/16/2016 filed for iu and denied.

    I filed a NOD on 8/29/16

    New C&P exam on 2/28/2018

    Received statement of Case concerning NOD on 3/23/2018.  In it I was granted a 90% disability rating for my service connected disabilities  but stilled denied iu. The reason for iu denied was.

    " An extraschedular evaluation was considered under the provion of 38 CFR 3.321 (b).  The evidence does not show that this case presents such an exceptional or unusual disability picture with such related factors as marked interference with employment or frequent periods  of hospitalization as to render impractical the application of the regular scheduler standards.     

    You have appealed the denial of total compensation for unemployability because you indicate that your service connected disabilities make it hard for you to work.  You and your employer both indicate that you are gainfully employed and paid consideration more than poverty level income.  The benefit you seek is designed to compensate veterans who are not 100 percent disabled by their disabilities but cannot obtain or hold gainful employment.  You are being compensated currently at the 90 percent rate based on the occupational impairment of your various service connected disabilities and you are able to work.  Federal regulations do not allow a grant of individual unemployability if it is shown that the claimant is fully employed. There is no provision for extraschedular consideration for individual unemployability in your case. If you stop working you should reapply for the benefit since you meet the schedular requirements.

    Entitlement to individual unemployability is denied because the claimant has not been found unable to secure or follow a substantially gainful occupation as a result of service connected disabilities".

    I in turn filed a new claimed for iu on 4/16/2018.

    I do not get SSDI  but I do receive social security payments I am 66 years old

    No I have not had any dealing with  vocational rehab 

    I have not worked since 1/20/2017.

    No longer needed, second signature in claim gathering of evidence

    in VA Disability Claims Research

    Posted · Edited by Air Force Vet
    New content

    4 hours ago, Buck52 said:

    No, it IS TRUE more than one signature is needed for retro over 25.000.00...

    Need more information about your claim?

    If you first filed a claim back in 4- 16-16 and was awarded 90% & if the  s.c. conditions kept you from working they should have infrred the IU THEN, so they may go back to that date of 4-16-16

     [Collier v. Derwinski, 2 Vet App. 27=47, 251 (1992)

    .depending how much retro you will be entitled to as to a second signature 

    but they will adjust the retro accordingly to what they already paid you at the 90%rate  

    or since over a year has gone by and you filed for increase   they could go by that date ...do you have a  (VSO)?Veterans service officer?  

    They should go by the date you first filed for IU.  IF YOUR AWARDED IU.  and if your granted the IU  the retro should be more than 25.000 if they go back the two years?  depending on your dependent status...the more dependents you have the more $ you will recieve.

    Good day to you Buck52.

    I was awarded a 70% disability rating on 4/16/2016 filed for iu and was denied. On 2/28/2018 I had another C&P exam and was awarded a 90% disability rating. On 4/16/2018 I filed for iu. Claim is presently in Gathering of evidence. With the statement I mentioned earlier of Date: not available, No longer needed, second signature.  I have another C&P exam sheduled for 5/22/2018 for this filing for iu on 4/16/2018. 

    My sc disabilities include:

    1. Myofascial lumbar syndrome 40%

    2. Left knee 40%

    3. Right  knee 10%

    4. Plantar fasciitis 30%

    5. Lower left extremity radiculopathy  20%

    6. Lower right extremity radiculopathy 20%

    I hope this helps. Thanks for your time and patient. 

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