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LanceJoseph

Second Class Petty Officers
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About LanceJoseph

  • Rank
    E-4 Petty Officer 3rd Class

Previous Fields

  • Service Connected Disability
    90%
  • Branch of Service
    USMC
  • Hobby
    Long range shooting

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  1. I misspoke on my previous post, They didn't completely phase out the 4140 but as seen above the 4140 will ONLY be sent to those who go over the poverty threshold reported by the SSA.
  2. Here is the correspondence I received regarding the 4140
  3. Thanks for all the input, As for the form 4140, they have officially phased that form out and only use what the IRS reports to them. I have received 3 notices confirming this, so it is not hearsay. One thing I have found in my research of this subject was 38 U.S. Code § 1163, Trial work periods and vocational rehabilitation for certain veterans with total disability ratings, This implies that a veteran can go back to work on a trial basis and if he/she is not able to hold that position for a consecutive 12 months then the veteran may maintain his TDIU status, This is somewhat confrontational with the idea of "gainful employment" as that has to do with the poverty level and amount of income. Which if a job pays 30 dollars an hour(hypothetically) you are well over the poverty level not even half-way through the year.
  4. Thanks for your input, My Voc rehab case manager is in contact with my care providers and agrees with their assessment. I'm in the program for training purposes and he isn't pushing the employment resources until I get the green light from my care providers.
  5. Hello All, Let me start by saying that I was recently granted TDIU, I'm a young guy in my early 30's and I am currently in Voc Rehab and finishing out a bachelors program. Working with my green team care providers I've been told that I am not yet ready to try for full employment. The issue I'm having is that while I work on myself mentally I would like to pursue a masters program to make myself more competitive and a more well-rounded applicant when the time comes that I can return to the workforce. There are two issues I'm running into regarding my TDIU status. 1. The program I am interested in requires 800 minimum PAID patient care hours to even apply for the program. So I would have to lose my TDIU to even try? I was told to contact my RO to possibly facilitate a sheltered part-time work program, or at the very least let my situation be known. Any advice on this matter would be greatly appreciated. 2. I recently inherited two properties from a family member and they are rentals, After speaking to a gentleman on VA's 1800 number I was told that rentals are counted towards gainful employment whether or not they are managed by me or not, ( I do not manage them, there were tenants already living there upon my possession of the properties). They don't bring in much in the way of profit so are they worth keeping if they jeopardize my TDIU. Overall I am very blessed to receive my IU rating but I still want to get better and push myself to do more and be more than I currently am, The rating itself has allowed me to spend more time working on continuing my education but more importantly overcoming some issues that have plagued me for many years. Any advice or guidance or even constructive criticism would be greatly appreciated , Thank you and have a wonderful day Semper Fi
  6. Yup Matt, Seems to be finalized. You're in the same boat as me in regards to waiting for a decision letter. I'm assuming you are a retiree which can make a difference in timeline with any back pay you have coming. Congrats again!
  7. Matt, I agree with Berta that it could delay and also could not delay an award letter but depending on the rest of your disabilities you could be eligible for a statutory SMC rating, 100+60%. If you one disability is rated at 100% and the rest of the SC Disabilities reach a 60% you reach another tier which is an SMC rating. Not knowing the full range of what you are service connected for I cant say but stay strong and try to be patient.
  8. I would imagine at that point the TDIU would be considered MOOT and the Schedular rating would take its place, If your TDIU is considered P&T I would assume that your new rating would be as well ( this relies heavily on the possibility of improvment) . As for a simple transfer back to TDIU if conditions improve I can answer that. As we know how the VA works, nothing is ever smooth or fast.
  9. Absolutely Allan, I tend to lurk around here and give my input whenever I feel it can be helpful. I will keep this thread updated with dates and any extra info I have.
  10. Thanks for the reminder Allan, and I am considering going to the CAV with my lumbar and knees based on flare ups, I listened to the podcast on here that mentioned increases on the basis of multiple flare up, don't have the exact citation near me but i'm considering it.
  11. Thanks so much Berta! I'm being patient and waiting for that final decision letter, Even now I refuse to get my hopes up, still skeptical to a point ha
  12. I'm not sure if anyone is following this post anymore but I would like to give a huge shout out to all of you that have helped me along the way and the entire hadit team, Berta, Allan, Broncovet, Buck and many others. Also those that put up with my inability to understand how forums work. I woke up today and against my better judgement checked E-benefits and found this! SMC-S w/ TDIU with an EED that is a day after my date of discharge. Its been a 7 year uphill battle but I can finally focus on getting my life back together. Thank you all so very much for your support, kind words, and advice. This truly wouldn't have been possible without your support and I cant wait to be able to pay it forward!
  13. So I recently received a BVA award for TDIU and SMC S, I received the BVA letter on DEC 1st 2017, My ebenefits page updated yesterday Jan 31st 2018 , which is when the RO sent out the decision letter. So for me its been 2 months for them to send out a decision letter. I was told by many on here that I would likely see my retro before my letter but Im sure it doesn't always work out that way. Below is what you should keep an eye out for on ebenefits, I usually checked my "disabilities tab" or my AB8 Letter. Note that the below image is how I found my effective date. Hope this helps, make sure you have your direct deposit set up and also I set up my bank account to message me when any funds are added. Congrats!
  14. Hey Berta & Buck, I have checked my C-file and I don't see anything that resembles the letter & other papers I sent them regarding this issue. I really felt like I took the correct steps in this matter and I guess I simply didn't go far enough to cover myself. My VSO pretty much said they wont release my retro until the dependent claim is settled, and when it is they will most likely just take out what they feel I owe them and then I will be able to appeal to get it back. The retro from the BVA grant is in the realm of 120k but was told that I shouldn't expect any movement on it for at least the next 6 months due to this dependent claim. Feels like even when I win at the VA they are going to make it so painful that it wont feel like a win at all ha.
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