Johnny60

Hi Berta, Just received my Christmas present (December 24, 2005) from the VA. A review of my service connected disability (ies). I am unemployable with 70% PTSD. I thought this witch-hunt was over? The latest word from POW's was that it was over. Am I missing something? Please respond to my personal e-mail wdsharpe@earthlink.net. Thanks.

"Or in my case of a private employer they follow you with a video camera to see if you are out working. " Are you for real? Please elaborate on the circumstances pertaining to a hidden video cam.

You must visit the VA Regional office near you. A quick walk-in to the receptionist and a letter will be typed before your eyes. Take the letter to your town tax assessor's office and file for property tax exemption.

John, I have paralyzed vocal chords which cause shortness-of-breath on exertion. Exertion may be anything such as you describe; walking, getting dressed, showering, etc. My condition was not as severe when I was a younger man. But lately, at 60, it has increased in severity. My sleep has become difficult. I've gotten sleep apnea condition from this breathing disorder also, and wake up many nights gasping for air. Pulmonary sent me for a sleep test. It was determined that wearing a CPAP mask would eliviate most of the sleep apnea. This mask forces air into my lungs, thereby keeping the air pipe open. Losing weight is mandatory. Eliminating alcohol, coffee, and other muscle relaxants are also necessary. Of course, if all this doesn't help, a tracheotomy is necessary. What to do? What to do? A rather perplexing situation to be in. I wish you all the best of luck. I'd give back all of my 100% P & T, if only to breathe freely.

I concur with you. Too many SO's, and too many years of hearing other veteran's tales, have shown me that a new claim placed after an existing claim, starts the ball game from the 1st inning. The VA is not our friend. Any excuse, will be used to prevent acknowledgement of your disability to slow the compensation process.

******************************************** Forgive me for intruding into your message to Berta. "Should I file this claim while my ptsd claim is pending? " If you file another claim, while the PTSD claim is in the process, your PTSD claim will lose it's position in the adjudication process, and your file might go to the end of the long line. It would be a shame to lose all this waiting time, for a major PTSD decision, with a knee injury claim. IMHO Johnny

"There isn't a specific regulation that deals with the exact types of income one can earn for TDIU with SC...there are many references for pension cases, but the compensation regulations are very vague. Honestly, it's more complicated then what some on here have mentioned. It isn't as simple as just "earned wages" as there are provisions in m21-1 that state that ",substantially gainful employment is defined as that which is ordinarily followed by the nondisabled to earn their livelihood with earnings common to the particular occupation in the community where the veteran resides." In other words, if you can make money above the poverty threshold on a yearly basis from investments (just as an investor would) then the VA, in theory, could revoke your TDIU (would be real difficult in my opinion though). Basically, if you earn less then the poverty threshold for a single person, then I wouldn't even worry about it, nor would I worry about any one-time large net sales of stocks; however, I might be concerned if you were "day trading" and earning a steady income well above the poverty threshold. P.S. - It is REAL easy to get around any of these situations if you are married. Your wife can earn a billion dollars a year and it won't impact your compensation, so you can simply invest under her name and/or claim the capital gains as "her" income." **************************************************************************** Your reply is about as informative as I could've expected. Your findings are my findings, almost to the paragraph. And this is the dillemma I am faced with.; a grey area in the matter of interpretation with no exact definition, and left up to the VA officers mood/attitude of the day. I shall tread carefully though, and heed your warnings. In appreciation for your kind efforts, I'll leave you with a stock tip. Look into TRE (Tan Range Exploration) trading AMEX. It's high was $3.74 last week, but ready to correct from $3.34 to $2.89 - $3.00, but with an upside potential of $4 - $5 in the next week or two, and $24 - $250 in the next decade. Keep me posted. "Hop on this TREin ride, to the moon".

When I applied for my VA compensation, I was alone, as many of you are. There was no source of information to help and guide me, through the difficulties faced by all veterans when dealing with the VA. This book, 'Military Veterans PTSD Reference Manual', by I.S. Parrish, InfinityPublishing.com helped me tremendously. It is a printed form of this Hadit website, but with an extra feature. It contains precise sections of 38 CFR, to make you understand and prepare your case, because the 38CFR is the adjudication officers bible. I.S. Parrish walks you through all the phases of VA PTSD claims filings, PTSD treatments, therapies, medications, writing the stress letter, documenting your claim, denials, and appeals. The book was well worth the $19.95. NOTE:I do not benefit financially from the sale of this book. Do your own research.

"Earned income is WAGES. You can have investment income and rental income. Your spouse can also have earned income. You can in most cases even drawn from a disability pension." SE Thanks SEJones. I've been sweating bullets. I purchased some scrawny nickel and dime gold mining stocks back in 2003, and since gold has topped $500/ounce, this baby looks like it's going to the moon. I'd hate like hell to see it worth so much, and not be able to redeem the shares in a couple of years. PHEW! I owe you one. Johnny

"There is a statute dealing with this in title 38 I believe, but, in general, stocks are not considered "earned income". I make a decent amount of money from stocks and it goes under "capital gains" on my tax forms. Don't take this as a guarantee though, as my wife is the veteran, so I haven't had to look into the issue from a VA standpoint." If you know of the statute in 38CFR I'd appreciate it. In your case, it sounds like you are the one filing 'capital gains' tax as opposed to your wife. Big difference. Thanks.

Thanks for your reply Pete53. Would you have any information on the following: Question: A 100% P/T veteran cannot work, or as ruled by VA, receive 'earned income'. But can a vet invest in the stock market? If I set aside a small portion of my monthly, to buy penny stocks to offset inflation, am I breaking the VA rules & regulations? Is there a limit on this investing? In my opinion, it can't be different than keeping a savings account drawing interest. But, I don't know how the VA feels about this.

Hello fellow vets! Unfortunately, I am 100% rated since 2001. Only recently I found out I am eligible for SS disability. I've been reading all of the posts pertaining to this matter, and please forgive me for asking again. 1- Do I qualify for SS disability? I worked into it, and have become unable to work since I applied for VA comp. 2- Will my VA monthly be deducted in the amount of the SS check, if I qualified ? 3- I know I cannot workfor earned income. But, can I invest in the stock market? And will this affect my VA comp when I file unearned income from profits in the stock market? All comments will be appreciated. Thanks.