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Ruben

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Posts posted by Ruben

  1. Hi y'all

    I have 70% PTSD and getting 80% combined service-connected evaluation but getting paid at a 100% due to IU for about 2 years already.

    I just received my annual summary of benefits and states the following:

    "You are not considered to be T&P disabled due to your service-connected disabilities at this time because your case is schedule for review in: OCT 2013."

    I would like to know

    1. What can I do to get my case evaluated sooner?

    2. Why are they scheduling this C&P so far in the future?

    3.In the mean time, what is the most I can make working without negatively affecting my IU?

    Thanks a lot guys and girls!

    Garryowen!

  2. Friends and comrades,

    On july 31 2008 VA received my request for increase for PTSD, On Oct 1 2008 I was awarded an increase for PTSD from 30% to 70%, disability pay went from 50% to 80%, then on October 6 2008 VA received my request for IU and today November 15 2008 I received my retro pay all the way from july 31 2008 for my IU claim,,,I could not have done this without all the support and advise I received from you guys, but my question is, Am I the only one here that feels that this went tru to easy?, I was ready for battle with VA, but there was no battle, thanks a lot guys and girls,

    Ruben

  3. Well this is not actually my rep, well maybe he is now, well I don't know, I have only used DAV once, that was 3 months ago for my PTSD increase paperwork, I sent it and that was it, the paperwork for my IU I did it myself and sent it and then I had to do a statement in support of claim wich I did on my own too, and now I just got this letter from a DAV NSO in St Petersburg VA Regional Office, I called them today but they were off for the holidays, neways the important thing is that its looking like im getting my IU,,,thanks for your reply

    I could not believe you received a letter from your reprentative.

    I never received a letter or a telephone call from mine, until

    this generous member of this site placed a telephone call to my DAV

    rep for me. I then received a telephone call.

    Congratulations.

    Betty

  4. wow,,I know that I won't get nothing close to 60k but 4500 sounds great to me, thanks a lot jbasser

    Yes sir, your DAV rep actually is doing his job. He has seen your award. It has to be viewed by him so they can get up and do the look what I did for this guy boogie.

    Expect the money to hit the bank before the letter arrives. Believe me, a when a 60 K check slapped my account I was floored.

    Congrats. You deserve it.

    J

  5. Hi everyone

    I just got today a letter from DAV stating the following;

    This letter is not intended to serve as your official notification from the VA upon completion of necessary administrative procedures. teh VA reserves the right to modify the decision prior to your official notification. The VA's letter will inform you of he current monetary monthly and retroactive benefits to which you are entitled.

    the DAV has reviewed the most recent VA decision concerning your claim for benefits. Acombined evaluation of 80% plus entitlement ot benefits at the 100% rate due to individual unemployability has been assigned as a result of the following action(s):

    Entitlement to endividual unemployability is granted effective july 31 2008....so on an so for

    Should I understand by this letter that my claim for IU has been granted by VA?

  6. Wings:

    Thanks for the advise, My goal is to get myself better, I'll be happy working, as long as it is a job that does not worsens my dissabilities or agravates my ptsd, i started voc rehab before i was awarded the 70% ptsd but I don't start college until january, so I truly feel that I'm IU until I can get my an education and then I get suitable employment so we are talking about 5 years from now, I know that if I go to school and also have to go work a dead end job I'm definetly gonna go crazy, so all I want to do is give college a try and see if after getting my BA in Accounting then I can have a job that I can deal with and provides me enough financial support lo live.

    If your voc rehab schedule is currently 9-5, that effort, by itself, would probably preclude SSD, because they would argue your ability to endure a work schedule . . . HOWEVER, for VA purposes, Voc Rehab is NOT gainful employment, even if that is the goal down the road.

    I would not hesitate to apply for TDIU now, and if it's awarded, it would in all likelihood be a temporary rating, until you were actually WORKING FULL TIME --if that happens at all. But I would also persevere with Voc Rehab if it makes you happy and keeps you feeling hopeful about the future.

    What are you going to be training for, what kind of work? All the best to you, whatever you do, hang in there. ~Wings

  7. GuaymasJim:

    Ok, I found a 21-8940 online and I'm almost done completing it and I'm wondering if there is anything I need to know in regard to how to fill this document? specially since my major disability is PTSD and the times that I worked I really didn't miss any days because of it, what should I input where it ask how many days I missed?

    Ruben,

    First, a GAF 38 as defined by the scale provided by yoggie could not be considered "good" for any reason.

    The expressed reason for voc rehab is to overcome your disability to a point where your condition would be described as GAF 70-100.

    You can receive TDUI and SSDI compensation while you are in voc rehab. I did. Without financial support, voc rehab would be a great waste of time and resources.

    Take pete's advice, and good luck with your efforts.

  8. does anyone know if after using tuition benefits from voc rehab can I use my GI Bill?

    State of Florida Department of Veterans Affairs

    Benefits

    Certification of Discharge or Separation

    The Clerk of the Circuit Court shall record, without cost to the veteran, certificates of discharge or separation form the Armed Forces of the United States. FS 28.222(3)(d)

    Disabled Veteran's Identification Card

    The Department of Veterans' Affairs may issue an identification card to any veteran who is a permanent resident of the state and who has been adjudged by the United States Department of Veterans Affairs or its predecessor to have a 100-percent, service-connected permanent and total disability rating for compensation, this could also be a rating of Individual Unemployability from the VA, or who has been determined to have a service-connected total and permanent disability rating of 100 percent and is in receipt of disability retirement pay from any branch of the United States Armed Services, upon the written request of such veteran. Such card may be used by the veteran as proof of eligibility for any benefit provided by state law for 100-percent, service-connected permanently and totally disabled veterans except this card may not be used as proof of eligibility for Exemption of Homesteads. The identification card shall bear a statement that it is unlawful for any person other than the veteran to whom it was issued to use the card. FS 295.17

    To obtain a card:

    Contact the Florida Department of Veterans' Affairs' at 1-800-827-1000, extension 7400 or commercial at (727) 319-7440 and request an application or contact the local County Veteran Service Office.

    Veterans' Preference: An Updated Overview

    I. GENERAL

    Chapter 295, Florida Statutes, sets forth certain requirements for public employers to accord preferences, in appointment, retention, and promotion, to certain veterans and spouses of veterans who are Florida residents. The relevant portions of the law apply to "the state and its political subdivisions." Public utilities, state universities, school districts, and special taxing districts are subject to the requirements of Chapter 295.

    II. CATEGORIES OF PROTECTED INDIVIDUALS

    Section 295.07, Florida Statutes, extends veterans' preference to:

    · A veteran with a service-connected disability who is eligible for or receiving compensation, disability retirement, or pension under public laws administered by the U.S. Department of Veterans Affairs and the Department of Defense.

    · The spouse of a veteran who cannot qualify for employment because of a total and permanent service-connected disability, or the spouse of a veteran missing in action, captured, or forcibly detained by a foreign power.

    · A veteran of any war who has served on active duty for one day or more during a wartime period, excluding active duty for training, and who was discharged under honorable conditions from the Armed Forces of the United States of America.

    · The unremarried widow or widower of a veteran who died of a service-connected disability.

    · Any Armed Forces Expeditionary Medal, as well as the Global War on Terrorism Expeditionary Medal are qualifying for Veterans' Preference, provided the individual is otherwise eligible.

    III. REQUIRED NOTICE BY EMPLOYERS

    Public employers must give notice in all announcements and advertisements of vacancies, that preference in appointment will be given to eligible veterans and spouses, and application forms must inquire whether the applicant is claiming veterans' preference, and whether the applicant has claimed such a preference. The regulations provide that an applicant claiming preference is responsible for providing required documentation at the time of making application, but also state that the covered employer must inform applicants of the requirements for documentation.

    IV. PREFERENCE REQUIRED AT EACH STEP

    An eligible veteran is entitled to preference at each stage of the hiring process; however, the preference is not absolute.

    V. EMPLOYMENT PREFERENCE WHEN A NUMERICALLY BASED SELECTION PROCESS IS USED

    · Employment preferences, where numerically based examinations are used as a device for selections, consists of adding ten points to the score of the first category of applicants (disabled veterans and spouses of disabled or missing veterans) and five points to the score of other preference-eligible applicants.

    · The rules provide that where the requisite points (ten points to individuals in the first category, and five points to other applicants) have been adjusted to test scores, the names of all the preference-eligible applicants shall be placed on a register or employment list, beginning with those disabled veterans with disability ratings of 30 percent or more, and followed by all other preference-eligible applicants in the order of their augmented ratings.

    · The regulations state that "appointments to positions will be made from the appropriate register or employment list in the rank order of their augmented ratings."

    VI. PREFERENCE WHEN A NUMERICALLY BASED SELECTION PROCESS IS NOT USED

    Preference must be given to protected individuals provided such persons possess the minimum qualifications necessary to the discharge of the duties involved. The rule defines "minimum qualifications" to mean a "specification" of the kinds of experience, training, education and/or licensure or certification that provides "appropriate job-related evidence that an applicant possesses the minimum required knowledge, skills, and abilities necessary to the discharge of the duties involved."

    VII. OTHER PROVISIONS REGARDING PREFERENCE

    · Single entitlement event: A veteran's employment preference expires after a person eligible pursuant to s.295.07 has applied and been employed by the state or any agency of a political subdivision in the state. (Chapter 295.101, FS)

    · Preference in layoffs: Where a layoff is necessitated in a covered position, similar preferences must be given to the covered employee in the retention process.

    · Preference in reinstatement or reemployment: When an employee in a covered position leaves employment for the purpose of serving in the armed forces, he or she is entitled to reinstatement or reemployment upon release or discharge from active military service.

    · Promotion preference: Promotion preference applies only to a veteran's first promotion after reinstatement or reemployment, without exception.

    VIII. EXEMPT POSITIONS

    Chapter 295, Florida Statutes, provides for a preference in employment for certain classes of covered positions. However, Ch. 98-33, s. 2, Laws of Fla., exempts from the law positions that are exempt from the state career service system under Section 110.205 (2), Florida Statutes.

    The 2001 session of the Florida Legislature enacted a significant change to the law concerning exempt positions for veteran's preference at the political subdivision level. Governor Bush signed the bill and the change became effective July 1, 2001. Chapter 2001-273, Laws of Florida, eliminates the exemption for some of the previously exempted positions. As of the effective date of the law, city managers, county managers, and management and policymaking positions of political subdivisions of the state are now eligible for preference in appointment and retention as provided in s. 295.07(1).

    IX. ENFORCEMENT

    If an applicant claiming veterans' preference for a vacant position is not selected, he/she may file a complaint with the:

    Florida Department of Veterans' Affairs (FDVA)

    11351 Ulmerton Road, Suite 311-K

    Largo, FL 33778-1630

    A complaint must be filed within twenty-one days of the applicant receiving notice of the hiring decision made by the employing agency or within three months of the date the application is filed with the employer if no notice is given. The enforcement mechanism established by the regulations provide for an initial investigation by the Florida Department of Veterans' Affairs, followed by an evidentiary proceeding before the Public Employees Relations Commission if the matter cannot be earlier resolved.

    Technical Bulletin 2: Campaigns and Expeditions of the Armed Forces Since WWII Which Qualify for Veterans' Preference

    (Click the link to view info)

    Technical Bulletin 3: Uniformed Services Reemployment Rights Act of 1994

    For additional information concerning veterans' preference, please contact:

    The Florida Department of Veterans' Affairs

    By phone at: (727) 518-3202, ex. 548

    By email: burnsj@fdva.state.fl.us

    Or write:

    Florida Department of Veterans' Affairs (FDVA)

    Mary Grizzle Building, Suite 311-K

    11351 Ulmerton Road

    Largo, Fl 33778-1630

    Education Benefits

    For information about educational benefits, contact:

    Steve Turbee, Bureau Chief

    State Approving Agency

    9500 Bay Pines Blvd.

    Bay Pines, FL 33744

    TEL: (727) 319-7402

    Education for Children of Deceased or Disabled Florida Veterans:

    The State of Florida provides scholarships for dependent children of Florida veterans or servicemen who died in action or died from service-connected diseases or disabilities, have been verified by the Florida Department of Veterans' Affairs as having service-connected 100% total and permanent disabilities, have been determined to have service-connected total and permanent disability ratings of 100% and are in receipt of disability retirement from any branch of the United States Armed Services, or are classified as prisoners of war or missing in action. Specific residency requirements apply and the veteran must have served during specific wars, conflicts or events.

    Students apply online at www.floridastudentfinancialaid.org

    FS 295.01, .015, .016, .017, .018, .019, and 240.404

    Tuition Deferment:

    Any veteran or other eligible student who receives benefits under Chapters 30, 31, 32, or 35 of Title 38, U.S.C. or Chapter 1606 of Title 10, U.S.C., and is attending one of Florida's public universities, community colleges or vocational schools is entitled to one tuition deferment each academic year and an additional deferment each time there is a delay in the receipt of benefits.

    FS 239.117, 240.235, and 240.345

    Reduced Tuition For National Guard:

    Active Florida Guard members in good standing as of June 30, 1997 are exempt from payment of one-half of tuition and fees. Individuals who enlist in the Guard after June 30, 1997 are eligible for full exemption of tuition and fees. Contact your National Guard Unit for details.

    FS 250.10

    High School Diploma for Korean War Veterans

    Effective July 1, 2002, Florida veterans who served during the Korean War may be eligible to receive a high school diploma. Senate Bill 292 provides for the award of a high school diploma to certain Korean War veterans who started high school between 1946 and 1950. Veterans who were inducted into the armed forces between June 1950 and January 1954 and scheduled to graduate between 1950 and 1954 are eligible recipients. The revised law amends s. 232.246, F. S., which originally awarded high school diplomas to World War II veterans.

    Veterans who meet the following criteria will be eligible:

    must be a Florida resident;

    inducted into military service between June 1950 and January 1954;

    received an honorable discharge;

    started high school between 1946 and 1950; and

    scheduled to graduate from high school between 1950 and 1954.

    The Departments of Education and Veterans' Affairs work together to assist veterans with the application process for their diplomas. Interested veterans should contact the Department of Veterans Affairs' at 1.727.319.7400 or Melissa Auter, Division of Workforce Development, Florida Department of Education, at 850-245-0446.

    Senate Bill 292 is available on the Legislative Home Page at http://www.leg.state.fl.us/.

    High School Diploma for World War II Veterans

    The State Legislature has approved and the Governor has signed a bill sponsored State Senator George Kirkpatrick and State Representative Howard Futch, together with the Florida Department of Education and the Florida Department of Veterans' Affairs that will grant a high school diploma to any World War II veteran who was not able to complete their high school curriculum due to their military service (HB 2105/SB 1864).

    Veterans who meet the following criteria will be eligible:

    inducted into military service between Sept. 16, 1940, and Dec. 31, 1946

    received an honorable discharge

    started high school between 1937-1946

    scheduled to graduate from high school between 1941-1950

    These diplomas are for any veteran who currently resides in Florida, regardless of whether they were living in Florida at the time they went to high school. Also, family members who would like to apply for a diploma posthumously for a veteran who has died, may do so.

    The Department of Education will send a standard Florida high school diploma upon receiving a completed and notarized application. They will also notify the local school superintendent of the new graduate and encourage appropriate ceremonies and recognition.

    Applications are available at the following places:

    Call the Department of Veterans' Affairs 727-319-7400

    Call the Department of Education 850-245-0446

    Contact your County Veterans' Service Officer

    Licenses

    Hunting and Fishing License

    In order to receive a no-cost Resident Disabled Person's Hunting and Fishing Certificate from the Florida Fish and Wildlife Conservation Commission, applicants must attach a copy of one of the following certifying him or her as totally and permanently disabled:

    Certification by the U.S. Railroad Retirement Board

    Certification by the U.S. Department of Veterans Affairs or any branch of the U.S. Armed Forces

    A Florida Department of Veterans' Affairs 100% Service-connected Disabled Veteran Identification Card (must have a statement of "total and permanent disabled")

    Florida Department of Labor and Employment Security/AWI Division of Workers Compensation (LES Form DWC-4)

    An order from a Judge of Compensation claims

    Written confirmation by the carrier providing Workers' Compensation benefits

    OR

    Documentation of current (dated within the last 12 months) eligibility for Disability Benefits from Social Security Administration.

    Applicants must also attach proof of Florida residency as outlined on the application.

    No license shall be required for military service personnel who are Florida residents while they are home on leave for periods of 30 days or less.

    Active-duty and retired military Florida residents can get a low cost Military Gold Sportsman's License. The license covers hunting, freshwater and saltwater fishing and a variety of associated permits at a greatly reduced cost. The Military Gold Sportsman's License is available at tax collectors' offices only. Applicants must present a current military ID card plus a Florida driver's license or orders showing they are stationed in Florida as proof of eligibility.

    Disabled Veteran Motor Vehicle License Plate

    One free motor vehicle license number plate shall be issued by the department for use on any motor vehicle owned or leased by any disabled veteran who has been a continuous resident of Florida for the last five years or has established a domicile as provided by FS 222.17(1) or (2) and (3), upon application accompanied by proof that:

    the vehicle was acquired through financial assistance from the VA, or

    the veteran has been determined by the VA to have a service-connected disability of 100% rating for compensation, or

    the veteran has been determined to have a service- connected disability of 100% and is in receipt of disability retirement pay from any branch of the uniformed Armed Forces. A plate fee is charged. FS 320.084(1),(a),(B),©

    Homestead Exemptions

    Any real estate used and owned as a homestead by a veteran who was honorably discharged with a service-connected permanent and total disability and for whom a letter from the United States Government or VA or its predecessor has been issued certifying that the veteran is totally and permanently disabled is exempt from taxation, provided the veteran is a permanent resident of the state on January 1 of the tax year for which exemption is being claimed or on January 1 of the year the veteran died.

    The production by a veteran or the spouse or surviving spouse of a letter of total and permanent disability from the United States Government or VA or its predecessor before the property appraiser of the county in which property of the veteran lies shall be prima facie evidence of the fact that the veteran or the surviving spouse is entitled to such exemption.

    In the event the totally and permanently disabled veteran pre-deceases his or her spouse and upon the death of the veteran, the spouse holds the legal or beneficial title to the homestead and permanently resides thereon as specified in FS 196.031, the exemption from taxation shall carry over to the benefit of the veteran's spouse until such time as he or she remarries or sells or otherwise disposes of the property. If the spouse sells the property, an exemption not to exceed the amount granted from the most recent ad valorem tax roll may be transferred to his or her new residence as long as it is used as his or her primary residence and he or she does not remarry. FS 196.081

    Veterans who are paraplegic, hemiplegic, are permanently and totally disabled, must use a wheelchair for mobility, or are legally blind are exempt from real estate taxation if gross annual household income does not exceed the adjusted maximum allowed. The veteran must be a resident of the State of Florida to qualify. Certificate of such disability from two licensed doctors of this state or from the VA or an award letter from the Social Security Administration to the property appraiser is prima facie evidence of entitlement to such exemption. FS 196.101

    Homestead Exemption (10% to 100% BUT not Permanent in nature)

    Eligible veterans with service-connected disabilities of 10% or more shall be entitled to a $5000 property tax exemption. To qualify for homestead exemption a veteran must be a bonafide resident of the state. FS 196.24

    Every person who is entitled to homestead exemption in this state and who is serving in any branch of the Armed Forces of the United States may file a claim for homestead exemption. Servicemen unable to file in person may file through next of kin or duly authorized representatives. FS 196.071

    Permits and Fees

    Disabled Veterans Exempt from Certain License or Permit Fees

    No totally and permanently disabled veteran who is a resident of Florida shall be required to pay license or permit fees to any county or municipality in order to make certain improvements to assist with his or her disability on any mobile home owned by the veteran and used as his/her residence. Improvements are limited to ramps, widening of doors, and similar improvements for the purpose of making the mobile home habitable for veterans confined to wheelchairs. FS 295.16

    Handicapped Toll Permit

    Any handicapped person who has a valid driver's license, who operates a vehicle specially equipped for use by the handicapped, and who is certified by a licensed physician or by the VA Adjudication Officer as being physically disabled and having permanent impairments which impair the person's ability to deposit coins in toll baskets shall be allowed to pass free through all tollgates. A vehicle window sticker will be issued. FS 338.155(3)

    Exemption Parking Permit: Persons With Permanent Mobility Problems

    A disabled veteran who is a resident of this state and honorably discharged, and has been determined by the VA or the Federal Government to have a service-connected disability rating for compensation of 50% or greater and has a signed physician's statement of qualification is eligible for the permit. The fees are $1.50 for the initial parking permit, and $1.50 for renewal parking permit and for each additional renewal parking permit. The fee must be paid to the tax collector of the county in which the fee was generated. The department shall not issue to any one eligible applicant more than two exemption parking permits upon request of the applicant. FS 320.0848(2),©

    TUITION DEFERMENT

    Available to any veteran or other eligible student covered under Title 38, U.S.C. Allows one tuition deferment each academic year and an additional deferment when a delay in benefits occurs. FS 239.117

    REDUCED TUITION FOR NATIONAL GUARD

    Active Florida Guard members in good standing as of June 30, 1997 are exempt from payment of one-half of tuition and fees. Individuals who enlist in the Guard after June 30, 1997 are eligible for full exemption of tuition and fees. Contact your National Guard Unit for details. FS 250.10.

    For additional assistance check with the Financial Aid office in the school you will be attending

    Homeless Veteran

    The Florida Department of Veterans' Affairs held its first Statewide Homeless Veterans' Conference in partnership with the US departments of Veterans' Affairs, Housing and Urban Renewal, and Labor October 23 & 24 in Orlando, FL, in conjunction with the Florida Coalition for the Homeless.

    PARTNERING WITH:

    US Dept of Veterans' Affairs

    Volunteers of America

    Homeless Stand Downs

    National Coalition of Homeless Veterans

    US Dept of Housing and Urban Development

    US Dept of Labor

    About one-third of the adult homeless population have served their country in the Armed Services. On any given day, as many as 250,000 veterans (male and female) are living on the streets or in shelters, and perhaps twice as many experience homelessness at some point during the course of a year. Many other veterans are considered near homeless or at risk because of their poverty, lack of support from family and friends, and dismal living conditions in cheap hotels or in overcrowded or substandard housing.

    Right now, the number of homeless male and female Vietnam era veterans is greater than the number of service persons who died during that war -- and a small number of Desert Storm veterans are also appearing in the homeless population. At this time, scientific studies indicate that there is no known, direct connection between military service, service in Vietnam, or exposure to combat and any increased risk of becoming homeless. Family background, access to support from family and friends, and various personal characteristics (rather than military service) seem to be the stronger indicators of risk of homelessness.

    Almost all homeless veterans are male (about three percent are women), the vast majority are single, and most come from poor, disadvantaged backgrounds. Homeless veterans tend to be older and more educated than homeless non-veterans. But similar to the general population of homeless adult males, about 45% of homeless veterans suffer from mental illness and (with considerable overlap) slightly more than 70% suffer from alcohol or other drug abuse problems. Roughly 56% are African American or Hispanic.

    http://www.va.gov/health/homeless/overview.htm

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