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Dave.O

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  1. It is possible to be disabled from one profession and simultaneously also able to work in other professions thus you can get unemployment while being disabled. 1. You need your back to do heavy labor. Your training and work history only supports heavy construction but your back gives out. 2. You can still do clerical or menial sedentary tasks although you are disabled from your prior occupation. 3. Or the computer technician that loses the use of his feet. He can do programing but he needs more training where unemployment supports worker retraining rehabilitation. Its truthfully possible to be disabled and also eligible for unemployment at the same time but it has to be based on your particular situation and facts. This has been supported by legal precedent and case history. As with anything, do your homework....
  2. The VA rescinded 1130.1 above dated Dec 25, 2008 and moved the VHA Dental Directive 1130. It is VHA policy to provide dental and oral health care services to eligible Veterans at VA medical facilities or by authorized VA community care providers. Here is the latest dated March 6, 2020. https://www.va.gov/VHApublications/ViewPublication.asp?pub_ID=8726 They also appear to have separated out the eligibility portions into another Handbook 1130.01 to make it easier to follow (sarcasm). https://www.va.gov/HOMELESS/docs/dental/DentalHandbook1130Amended20200320.pdf The legal authorities and basis of the Handbooks VA are Eligibility for dental care is defined by statute and is to be provided in accordance with the provisions of existing law and VA regulations, i.e., 38 U.S.C. §§1710(c) and 1712, and 38 CFR §§17.160 through 17.166. If the Handbook contradicts the legal authorities, the statutes control but VA employees will always site the Handbook if there is any conflict in deciding. Only Class I and Class IV Veterans are entitled and eligible for Comprehensive Care for any needed dental services without an eligibility determination. See VHA HANDBOOK 1130.01(1) (1) Class I (a) Veterans having a compensable (10% or greater), service-connected dental disability or condition (combat or non-combat related) rated under VA’s 9900 series of the Schedule for Rating Disabilities (see App. B) are eligible for any reasonably necessary dental care, whether related to the SC condition or not, to maintain or restore oral health and masticatory function, including repeat care. (b) Classification of Veterans having other service-connected conditions of the head and neck area is sometimes confusing. Non-dental conditions such as loss of soft tissue, scarring, or cranial nerve involvement are not rated under the 9900 series. These are considered medical conditions and Veterans with these conditions are not eligible under Class I. The decision to authorize dental care for these conditions as adjunctive care (either as Class III or Class VI) must be made by the Chief, Dental Service, or designee and based on the same criteria as for other medical conditions. (7) Class IV. Veterans whose service connected disabilities have been rated at 100 percent (total) under the VA Schedule of Rating Disabilities (VASR-D) or who are receiving the 100 percent rate by reason of individual unemployability, are eligible for any needed dental care, including repeat care, with the following exception: Veterans awarded a temporary total disability rating by VBA but not as a VASR-D or individual employment eligibility rating on a bona-fide temporary basis are not eligible for comprehensive outpatient dental services based on an opinion by VA General Counsel to the Under Secretary for Health, February 24, 2006, VAOPGCADV 2- 2006. These Veterans may be eligible for care under a different eligibility category. Determination of temporary status is the responsibility of the eligibility section of the Chief Business Office. 1130_D_2020-03-06.pdf
  3. Unemployment benefits are not earned income. You do not have to report unemployment benefits to the VA just as you don’t have to report VA benefits to the unemployment insurance office. https://www.statesidelegal.org/pandemic-unemployment-assistance-pua-tdiu
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