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Bravo6
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Posts posted by Bravo6
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Lord, this time I can say that I'm glad to be wrong. E's PCP filled out the Residual Functional Capacity Questionnaire!! Lawyer said that it would actually help him. His age is 63 so that should be okay too. He's just really nervous, with all his meds he is sometimes a little fuzzy especially with strangers and being hard of hearing even though he has two hearing aids that don't help either. We go the 26 of August, say a little prayer for us.
Thanks
Carolyn
How long was your wait for the hearing? This awful state I'm in takes 10 months to get a hearing!
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I know I have asked these questions but now I am looking at year 2008 instead of 2005. It appears that I see no reason why VA would pay you back to 2005. In order for you to get any type of retro pay, you would have to prove that VA had made some kind of mistake or you filed a NOD that is not completed
What evidence did you submit to VA in 2008 that warrants the fact that your TDIU should go back that far?
Did you file for TDIU in 2008?
What were your rating percentages in 2008? This could help but still need to know what they were in 2008 or when you met the minimum requirements and if VA considered TDIU at that time. Others may chime in but I still need more.
I was under the impression that VA would pay back from one year of the IU application. Thus the reason I'm asking about the retro going back to Sep 2008. I haven't worked in 2006 - present!
I'm starting to get what you are saying, so I think I may have NO case in getting retro back to Sep 2008.
I'm really grateful that I did get granted IU, but I don't want to beat a dead horse nor may waves with the VA! I hope you can understand what I'm saying!
Pete, I appreciate your advice and guidance!
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Sounds good thanks John! Bravo mention seeing a Voc Rehab counselor, is that the same a vocational evaluator? I'm thinking it is. What exactly John do you mean,
(you control the vertical, you control the audio)?
Seeing a Voc Rehab evaluator/counselor is one in the same. This would be the first step in showing the VA that you not employable because of your SC'd condition(s). A great piece of evidence in order to be granted IU.
Get that Physical Assessment done as soon as you can......this is beneficial in order to show the VA that you are not physically able to work!
I hope this helps you in getting the benefits that you deserve! God bless!
B6
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What was your last Job?
I was a training analyst with a major petroleum company in New Orleans.
What was the reason why you stopped working?
Because of continued problems SC condition(s) plus Hurricane Katrina! I lost my home!
What evidence did you submit to VA in 2005 that warrants the fact that your TDIU should go back that far?
I submitted no evidences in 2005. I was under the impression that I was not at the required level (70%) to apply for TDIU. I was at 60% since 2001 from my initial VA rating. Now I know that was BS on the required level to file TDIU.
Did you file for TDIU in 2005?
No.
What were your rating percentages in 2005?
Total: 60%
30% Right lower leg (IM Nailing)
20% Fused 2nd digit right foot
10% Scar, right medial calf
10% Scar, right lateral calf
10% Lower lumbar (DDD) - I was LOW balled, but didn't realize it until I had MRI in Dec 2009!
Plus a few 0% for other scars
So many questions, would to need to know what was going on with you in 2005 to give a better answer?
I'm only trying to go back until Sep 2008 for retro pay........I was NOT seen from Aug 2005 until Dec 2008 because of not knowing where to be treated for my SC conditions. The VA had no hospital or clinics until the summer of 2008 in the area I lived.
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I was put on disibility retirement in 2008 due to my SC knee. I couldn't perform my duties as a lineman. I'm rated 60% after my TKR later that year. also 10 % on
hemrhoids. My NSC is anxiety/panic disorder which I take xanax for. The SC meds are oxycodone, patches and muscle relaxers. Take those together and WOW,
which way is home.
I would file for TDIU, don't wait, preserve your IU date as soon as possible.
Have you been seen by Voc Rehab counselor about employment possibilities? If so, what was the outcome? If not, make an appointment and get seen ASAP.
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Should I quote this in my NOD, or am I missing something?
Title 38: Pensions, Bonuses, and Veterans' Relief
PART 4—SCHEDULE FOR RATING DISABILITIES
Subpart A—General Policy in Rating
§ 4.18 Unemployability.
A veteran may be considered as unemployable upon termination of employment which was provided on account of disability, or in which special consideration was given on account of the same, when it is satisfactorily shown that he or she is unable to secure further employment. With amputations, sequelae of fractures and other residuals of traumatism shown to be of static character, a showing of continuous unemployability from date of incurrence, or the date the condition reached the stabilized level, is a general requirement in order to establish the fact that present unemployability is the result of the disability. However, consideration is to be given to the circumstances of employment in individual claims, and, if the employment was only occasional, intermittent, tryout or unsuccessful, or eventually terminated on account of the disability, present unemployability may be attributed to the static disability. Where unemployability for pension previously has been established on the basis of combined service-connected and nonservice-connected disabilities and the service-connected disability or disabilities have increased in severity, §4.16 is for consideration.
[40 FR 42536, Sept. 15, 1975, as amended at 43 FR 45349, Oct. 2, 1978]
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I was awarded TDIU in March 2010......paid retro to the date of my TDIU application from Sep 2009.
I haven't worked since Dec 2005......with that being said, I need to know the CFR with the sub-paragraph for my NOD that states that I can go back from one year of the date of the IU application.
I hope you can understand what I'm asking for!
Thanks for the help and advice!
B6
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IMHO, I would ask your PCP to give you a referral to get the Physical Limitation test done.......because you are using meds for your SC condition! Correct?
You have to build your case in order to be granted IU. It takes time, but nothing that is impossible!
Are you currently working? What are you SC and NSC conditions?
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If your ratings qualify you for TDIU and your taking SC meds and NSC meds together, and you can't operate mentally and physically, would that be an open for IU or not? I'm thinking not.
The VA won't do anything until you ask them too!
To answer your question......yes, the medication that are taking will affect your ability to perform at work!
I would ask to have a Physical Assessment (push, pull, walking, etc, etc) done by a Occupational Therapist. Ask your PCP to do this for you! Once that is done, they (VA) can see that you performed poorly.....thus using this as evidence to grant IU.
Have you seen a Voc Rehab counselor to establish your employment goals? If you can get them to state that you are unemployable, then POOF......submit that with your TDIU application.
Best of Luck!
B6
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Welcome........aboard!
Best of Luck!
B6
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The Voc Rehab stated that due to SC conditions he is eligible but infeasible for our services because he was found as unemployable.
Since Voc Rehab found that you were unemployable.......I would have the VR counselor write a letter stating that and submitted it to the VARO as soon as possible.
That's what I had done, and POOF......I was granted IU!
Good Luck!
B6
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The veteran i am helping is 70@ service connected for PTSD and he was medically retired in July of 2006 because of ptsd and filed for Unemployability in March of 2007. My Question is,if he is granted individual unemployability,what would be the effect date or his retro pay,July of 2006 when he was medically retire, of March of 2007 when he filed for IU ?
Thanks in advance mobie
IHMO, the date of the IU application! Others will chime in......
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Age is not supposed to matter in SSD claims but it matters a heck of a lot. Not many 25 year olds get SSD unless they are almost bed ridden. I got it when I was 52. My doctor said "this man is a basket case". That helped, but hurt my ego.
I hope my age of 41, would give me a good chance! I too have an upcoming SSDI hearing......awaiting on the date! I'm hoping I can get an "on the record" decision without having to go to the hearing! I was awarded IU after my second denial so we submitted this new evidence to the SSA, so I pray that I can get an "on the record" decision! Prolly not but wishful thinking!
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Awesome! Now Relax and enjoy yourself!
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I've been reading all the TDIU info in this forum, and I know the importance on filing, but my question is this. I just recently was granted SC for PTSD by the BVA and I am waiting now for my rating from the RO. Should I wait to see what my rating is going to be? I have heard that it could interfere with the process, is this true? I am hoping for a rating no less than 50% and 70% would be nice. I do have employer documentation to be used for unemployability.
Stever
IMHO, I would wait until you get your rating from the RO. Then I would file for it! Other will chime in........
Best of Luck!
B6
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That is horrible! I will say a prayer for his family!
B6
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BTW, I didn't "chaaaarge" you anything for the above answer, so we all know what it is WORTH, right?
NOW THAT'S FUNNY..........
Thanks LarryJ.......I appreciate it!
B6
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Cruinthe......it must be that time of the month, eh? I think the VA had the right claim for you when you claimed for menstrual cramps!
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Don't feel badly, B6, it took ME several months to figure out that I'D been, shall we say "shortchanged", and file for MY OWN year's worth of retro. It's ONE of two claims that I STILL have with the VA (you'd think that I would have recognized IMMEDIATELY, seeing as how I'm one of them "vso"-types, but, heck, I CERTAINLY DON'T KNOW nearly EVERYTHING (could be why I hang out HERE, HUY?)).
SO, don't beat yourself, it'll only leave red marks!
Not to Hi-Jack this thread but......should I file a NOD? Since I do all my claims myself, could you shoot me in the right direction or PM me with what I need to do! Thanks Larry!
B6
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Glenn McBride, a 40-year-old man from Roanoke, Va.......you failed to tell the FOX reporter that you had a Hidden Camera, huh! You know why you didn't tell them because YOU KNEW it was ILLEGAL! I hope you get HUNG out to dry......I have printed this post where you stated that you had a HIDDEN CAMERA and will be forwarding it to the FBI!
SEE YA GLENN McBride.......hope JAIL treats you well! Like LarryJ said, you are a sick veteran! I hope you get help! You need it!
EDIT:
THANKS FOR POSTING YOUR REAL NAME AND LOCATION! I APPRECIATE IT!
I hope you have an attorney.....because I WILL NOT stand IDLE while you SLANDER me.
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Wheres my popcorn? And bravo6, have you stopped beating you wife yet?
I guess you want to be SUED for SLANTER...........now your true colors show!
I hope you pack a LOT of VASOLINE for JAIL!
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Nothing better to do, eh bravo6? Good to know we can count on veterans to knife each other in the back at any given opportunity. Did you bring enough popcorn for everyone?
Just answer the question! Plain and simply!
Did you or did you not bring a Hidden Camera into a FEDERAL BLDG? YES, you did (or you said you did) so I think you better re-examine yourself before you go to JAIL for violating this very LAW! Plain and Simple!
I'm retired SO NO, I don't have nothing better to do.........but thanks for asking!
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The VA can go back one year from the time you applied for IU if you have evidence you were unemployable and the VA knew you were unemployable. Actually, if the VA knows you are unemployable due to a SC condition that is an inferred claim for IU.
Do happened to know the VA REG for this one? I feel I was cheated out of a year prior myself since I haven't worked since December 2005. I was granted IU back to Sep 2009 in March 2010.
Learned something new today! Thanks!
B6
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Cruinthe,
I have given much thought to your posts. It seems to me that there are some facts members of this board unfamiliar with the Roanoke VARO need to fairly judge this situation.
Fact # 1. The VARO occupies the 8th thru the 14th floors of the Poff Federal Building in Roanoke, VA.
Fact # 2. The lower floors house the U.S. District Court for the Western District of Virginia. Also the U.S. Marshals Service.
Fact # 3. Being a Federal Court House, there are strict No Soliciting and No Cameras allowed policies posted. Violaters may be prosecuted.
Fact # 4. There is only one public entrance to the building. Upon entry you are screened just like at an airport. Empty pockets, belongings searched for contraband, walk through metal detector, retrieve belongings and be on your way.
The above having been said, in my own humble opinion, your problem stems from a continued confrontational attitude with the VA. You may speak to anyone in the VA waiting area who wishes to speak to you. I have done it numerous times without reprisal. But you crossed the line by passing out your business cards which was a clear and undisputable violation of the NO SOLICITATION policy. As for the recordings, I think every member of this board knows VA policy on that subject and it might just come back to haunt you.
Cruinthe.......answer #3 posed to you by Johnjjr! Great points Johnjjr!!
I think #3 will put you in JAIL, IMHO! Because you ADMITTED to bring in a hidden camera!
We (me) are awaiting a response! *popping popcorn*
B6
Are My Ducks In A Row?
in TDIU Unemployability Claims
Posted · Edited by Bravo6
It seems that you are doing what needs to be done in order to be granted IU!
Best of Luck!
B6