cowgirl

Thank you each for your feedback. I think we're fortunate unemployability is there to apply for. Myself, probably woulda been dumbfounded if presented benefits without asking for it based on all my records, years of unemployment and SSDI. My poll interests are the exam and the rating decision MATCH. I know theres supporting info, just bottom line 'unemployable'. So, if the exam says 'doc feels the vet is unemployable' that makes the rating decision 'veteran unemployable.' Or is there wriggle room? Learned the hard way not to take things for granted. (er, not late for dinner either!) cg'up2009! Someday I'll wake and rub my eyes And in that land beyond the skies....

Was there a clear statement on your c&p exam declaring your unemployability? And did that statement appear on the rating decision? Did the examiner or rating decision say "I feel, I believe, I declare .vet is unemployable? totally unemployable?' a.unemployable due to service connected health condtions? or b.unemployable by reason of service-connected disabilities" or c.unemployable because of service connected conditions"

Atla - Congratulations - don't know how I missed your post! Yee Haw! (July, hm, must be settled in a bit by now!) I hope things have worked out for you 'comfortably' ~! Not sure how long you've been at it or your story, even so - you have benefits that you needed, deserve and seem to really appreciate. Thanks for sharing the news, its inspiring to hear good things happen to good people! All the best, Cowgirl'up2009! standing in line patiently....

Thanks, just found the SMR vs STR a new thing. Next. Yes, IU is in process. The records I have may or may not prove inferred IU. So thinking of effective date, I'm checking my VA medical records, Cfile or whathaveyou. Bottom line, I need IU. And in looking for a effective date legal leg, I saw the m21-1 reference. And it looks like, (my own words) if the vet completely fills out the form - its for compensation and pension. So the VA should be consider that as a claim for compensation and 'totally disabled'. ?? In filling out the initial claim form, I didn't fill out that 'pension' section. My guess is if on the initial claim, a vet flls out the entire form per the directions for disability compensation, financial, employment, dependents section, the data is officially submitted to the VA?? Meaning, if a veteran being discharged and 'believes' because of serious disabilities incurred in service, it'd be near impossible to return to work and provide for self&family- they could completely fill out the first claim form, and from that date the VA has the information to consider. Maybe I missed the boat. But its something I found while reading.

Something I read in a manual refers Service Medical Records (SMR) now as Service Treatment Records (STR) - is this for sure? And researching IU, found on the Original Claim form 21-526 there is a place for employability information. And whats more, if I had filled it out, maybe IU would have been considered. (yeah, right?) Must have thought it was for pension only, until I read .... Okay, just an ole vet here, dont know if thats current or will hold water, but if an applicant requests whats available, its in the system official and to be considered. looks a bit like this.... consider for..... compensation and pension. (if applicant provides information claiming inservice treatment and claims to be totally disabled.........) OR compensation only (if applicant provides information claiming inservice treatment.... OR pension only (if applicant claims to be unemployed without indicating due to military service......

Aquabear, I am so sorry to hear the outcomes weren't what you expected. But it ain't over yet, we're here for ya. Yes, the exact reason I am at Hadit is because I needed help with this strange beast of a system. Berta and all the others say it right - tell us what you have, you'll get feedback and then 'games on'!* I encourage you to get any care and treatment needed meanwhile. Medical opinions. Best to ya, Cowgirl'up2009! *cgso (cowgirls sweet opinion)

Found this on the net, although 2007 makes for interesting reading. I like the suggestion that a veteran seeking compensation actually isnt always a bad thing. http://ncptsd.kattare.com/ncmain/nc_archiv..._qtly/V18N4.pdf

Alot changed between the 70s and decades since. The military always took care of it for me, housing, finance, food, pay, healthcare, employment and paperwork. ha. Then I retire to the 'real' world. The military was my only paid employment and all I knew. My first claim was foreign, full of terms, abbreviations and denials that I had few clues about. The appeal form attached to the notwellgrounded, nsc issues - well that form was full of confettii, to put it nicely. Cg'up2009! *CGSO (cowgirls sweet opinion)

Sometimes there are fine lines for me to cross too. Being a veteran and woman, I am occasionally asked my opinion by younger women. I don't have a pat response, but try to be honest not cruel. I have chronic disability issues that are claiming much of my daily efforts to exist on behalf of my family. As much as I get good or great care from some providers at the VA clinic I am extremely frustrated with the exhaustion in working my claim for disability issues. If I were to be asked to speak at a hearing for my experience in the military, I'd honesttly consider it. I would consider it on behalf of the prior, current and future veterans. My only hope is that something be done without another multi-miliion dollar study that tells me what I already know. The VA needs to have a list of whats wrong and whats right - then get busy. If that sounds like a counselor helping a patient acknowledge a condition and develop a treatment plan - so be it. Put the Veterans back into The U.S. Department of Veterans Affairs. cgho

Yes, read and read your claim decisions but many regulations for those are now supersceded. Sure is more work on the claimant to confirm the decision. Thank God for Hadit (my caring veteran family!) and the internet.

Anyone recall a rating nod, etc, that connects a current DSM IV diagnosis supported by older DSM III diagnosis? If a diagnosis was in smr's before IV - it should have been good then. I think? Sure be something to prove or connect. Advice? (maybe this has been asked by me or others, can't find it myself).

Will check the library, ours is online and really easy. I am a proud local library user with my tax dollars at work. Kiddo got a few '...for dummy' books there, pretty fun stuff, ne learned to write a bit of basic&dos. Berta, good reminder keep ID cards up to date; - have known widow and widowers (especially married again) forget change names on their cards.(roundtu'its) Also dependents in college really need a current ID card for benefits (healthcare and base access). My kiddos have er, lost thier cards on occassion, each time took me a whole day (active duty first!)for the 2 minute process.Me, I just want new mug shot from time to time.B)

Thanks Bill, after all these years I thought I had it correct. Looks like my comp is likely to be rectroactive more than dfas pay. Over the years I studied the AF times articles about doubledipping (their word - not mine!) so I know CRDP and CRSC is hard earned for all. Just I understand and recieve it now. Getting my Anas platyrhyncho's together for an upcoming rating. Just hope to keep the feathers on. Cg'up2009!

So if IU meets EED, VA comp could be exchanged for retired pay? well with a bit of math. Searching for VBA case showing this. cg'up2009! .......and leave the silly cares that fill my mind behind me

How did the VA compensate retirees 100% IU before CRDP? I always thought the vet would get one or the other pay, not both. And if the VA was more, the Vet gave up retiree pay. Sawdust for brains here, CG

Interesting question and answers. I found one strong possibility! Where? I found employability questions on my old form 21-526. Section 22a-25e if vet claimed to be 'totally disabled.' Then there was more information needed, income and all. Pension and compensation terms seem 'blurred for the unitiated' (dang, that was well put, eh?!). Ok, the new form doesn't look much better, cgho. The way I figure it, the initial claim 21-526 was intended to collect information on a veteran request for any and all compensation and pension or just one thing. The instructions that I read are clear as mud. However, I have found no 21-8940 in those days or a clear way of applying for unemployability assistance. Cowgirl' *aka'Mrs.King (so woulda loved to been Scarecrows sidekick! blush)

When (what year) did VA begin to send eligible veterans IU 21-8940's? Was sending the forms out a requirement? Thank ya kindly! Cowgirl question of the day. B)

Whoops; just naturally mentioned SSDI as possibility - social security benefits that you may be eligible for, I dont know your particulars, it was just a mention. With the VA disability rating of overall 80% it looks like you meet the threshold for VA IU. Both compensation and benefits that you may be eligible for if found unable to work due to impaired health issues. VA Individual Unemployability is a part of VA's disability compensation program that allows VA to pay certain veterans compensation at the 100% rate, even though VA has not rated their service-connected disabilities at the total level. A veteran must be unable to maintain substantially gainful employment as a result of his/her service-connected disabilities. Additionally, a veteran must have: · One service-connected disability ratable at 60 percent or more, OR Two or more service-connected disabilities, at least one disability ratable at 40 percent or more with a combined rating of 70 percent or more.

yes, its 80%, use Hadit VA rating calculator " sorry, ain't grammar school math.. Do you have Dependents? You now get paid for them. Get those birth and wedding certificates in ASAP. Do you go to the VA for healthcare? You now have no more copays. Do you live in a state that offers tax discounts for disabled veterans? check that out. Are you on SSDI? Go for it if not. There is extra pay for dependents. Are you retired military? You are probably eligible for CRDP or CRSC if so. Yipee, take care and God Bless, Cg'up2009!

OOOOh yes...Congratulations !! brb with more info asap

Good to hear from you. Not sure what 'end is near' you mean, ptsd or other - but hope you're ok. Hey its Friday, so take some time off, relax, enjoy a good ole movie, popcorn and soda-pop. Best to ya' Cg'up2009!

WOW'sers Berta, you just {{Rock}} my day! I see you - Berta the Law Clerk !! Thank you for being down right determined for yourself, your family and all us here at Hadit! Cg'up2009!

Interesting information - myself, thankful for any and all "QUALITY" health care from the VA. If a vet has OHI, great. For so many, VA care is it. If we keep using the VHA - healthcare services should get better. (*cgho) (*cowgirls humble opinion) <_< c&p examiner stats: practice listed in three states, certified in one, U.S. medical association membership's', general practitioner inherently for compensation cases, doctor&interned in country of birth. (dual citizenship?) works hard, two U.S. addresses, rented condos, performs well, on contract with VA, paid in advance = smart person.

This observance is one of six days throughout the year that Congress has mandated the flying of the National League of Families' POW/MIA flag. http://www.dtic.mil/dpmo/ http://www.dtic.mil/dpmo/links.htm

deltaj, good catch, (cgho) do state something to the likes of requesting disability compensation rating of at least the minimum 10% shown in the rating schedule.(feed their own words back to them?) No wriggle room. Wriggle reminds me, my neck gets stiff driving sometimes and thats a danger in itself for instant reflexes and safety. Love my truck mirrors!! Best thoughts Carlie! Cg'up2009!