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Sims65

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About Sims65

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  1. Hey guys! So my husband was awarded 100% PTSD from 70%. Which is a huge blessing but they made the unemployability moot because they gave him the increase to 100% PTSD. But I am not quite sure this was a fair decision considering my husband has not been able to obtain any gainful employment since his discharge date in 2014. I feel that he should have been retro paid back to at least November 2015(when he received was awarded his 70% PTSD). I completely understand that you are supposed to appeal within one year of your award date for unemployability. But on his award letter from November 2015, it states unemployability was deferred due to automatic notice 5103 was not provided. Which we were unsure at the time what unemployability actually was. The way I see it, the unemployability should be retroed back to November of 2015 and then it would be moot on the effective date of the awarded 100% which is October 2018. Definitely would appreciate some insight before submitting an appeal.
  2. Hello! I had a few quick questions about eBenefits and the individual unemployability process. My husband submitted a claim on October 25th, 2018. We have submitted all supporting evidence and lay statements. They were requesting an employer form to be filled out. My husband has not had employment since he was in the Army. He was awarded 70% PTSD in 11/2015 and decided not to seek IU at the time. On his award letter it stated the decision of IU was deferred due to 5103 notice and additional development. Well my question is about the attached pictures. Why is unemployability increase and PSTD increase listed like it is to different claims? And also under request 3 it says status: no longer needed- exam request-processing. Why would it say no longer needed when they called to schedule exam today? I hope all of that makes sense.
  3. Thank you for all the information.It has been very helpful! He hasn't worked at all in the last 12 months. Last job held was a 1099 position was in September 2015 and literally made under $300 for the month he did work. They never sent him a 1099. We spoke to the VA today, they stated that the employment form did not apply to my husband and they filled the form out and put in system. They also had us submit the VA 5103 notice response on ebenefits. Also regarding medical evidence. My husband has not been seen but a Medical doctor since his 70% PTSD/ 10% tinnitus was awarded. He was awarded in November 2015. Should we reach out to the VA medical center or will the VA let us know if it is necessary or not? We did provide supporting evidence, lay statements from myself and my mother. Along with out patient counseling center detailed notes. And he also had counseling at the VA medical center which is in his record. I feel that he has a solid case. I another question of possible. Would the VA retro pay back to his original award date since he has not worked a gainful position since the Army? Different sources I have read stated that veteran's are entitled for retro pay from the date they become to disabled to work.
  4. Hello, My husband and I had a few questions about the Individual Unemployability and the decision process. He has SC PTSD 70% VA disability rating. And he just called his claim on October 25th. They are now requesting a VA Form 21-4192. I know the VA requires the form to be sent out even if the veteran has not worked in 5 years. My husband does fall into that category. He has not working full-time position since he was in the army and was discharged in the year of 2014. Due to his condition he's had to work odd jobs like mowing lawns, etc. However he has had two 1099 jobs that never averaged more than 20 hours a week. And he had to quit that job due to his PTSD triggers. He got this job shortly after his discharge in 2014. We indeed know he is eligible for IU with his 70% service connected PTSD. A VA rep told us we did not have to include those odd jobs or the 1099 position which it was not full time. Would like any kind of insight on what the VA requires for employment history. My next question is regarding IU benefit payments and current VA disability benefit payments. Are they two separate payments? all the sources that I have been able to find say monthly payment is alittle over $2900. Is that additional to the VA disability payment he already receives? And one last question. Are c&p exams always required for IU claims? We haven't been notified that he needs to have one yet. Thank you for taking the time to read my long-winded questions. Any insight would be great!
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