Jump to content
  • Searches Community Forums, Blog and more

Search the Community

Showing results for tags 'TDIU'.



More search options

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


Forums

  • Coronavirus - COVID-19
    • Coronavirus - Covid-19
  • General VA Disability Compensation Benefits Claims Forums
    • VA Disability Compensation Benefits Claims Research Forum
    • Appeals Modernization Act AMA
    • RAMP Rapid Appeals Modernization Program
    • Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
    • Veterans Compensation & Pension Exams
    • E-Benefits Questions
    • PTSD Post Traumatic Stress Disorder Claims
    • Entitlement - Veterans Compensation Benefits Claims
    • Eligibility - Veterans Compensation Benefit Claims
    • CHAMPVA
    • TDIU Unemployability Claims
    • CUE Clear and Unmistakable Error
    • Success Stories
    • OEF/OIF Veterans
    • VA Caregiver Benefits for Post 9/11 Veterans
    • SMC Special Monthly Compensation
    • IMO Independent Medical Opinion
    • Veterans Benefits State & Federal
    • VA Medical Centers Navigating through it
    • Medication – Prescription Drugs-Health Issues
    • VA Training & Fast letters, Directives, Regulations, Other Guidance Documents
    • MEB/PEB Physical OR Medical Evaluation Forum
    • VA Regional Offices
    • VA Disability Claims Articles and VA News
    • VA Law
  • VA Claims References
  • Specialized Claims
    • TBI Traumatic Brain Injury
    • Mefloquine / Lariam
    • Gulf War Illness
    • Agent Orange
    • ALS - Amyotrophic Lateral Sclerosis
    • MST - Military Sexual Trauma
    • Radiation Exposure from Operation Tomodachi (Japan Earthquake Fukushima Nuclear Assistant)
    • Project SHAD/Project 112
    • Vocational Rehabilitation
    • VA Pensions
    • DIC
    • FTCA Federal Tort Claims Action
    • 1151 Claims
  • Veterans Helping Veterans Podcast
    • Veterans Helping Veterans VA Claims Podcast
  • Welcome Aboard
    • Help Files - How To Use The Forum
    • Introduce Yourself
    • Test Posting Messages Here
    • Roll Call
    • Technical Support For Forum
  • Extras
    • Hiring an Attorney Discussions on S. 3421
    • Social Security Disability Questions
    • VA Scandals
    • Discounts for Veterans
    • Title 38 / 38 CFR
    • 38 CFR 3 Adjudication
    • 38 CFR 4 Schedule for Rating Disabilities
    • Federal Register Announcements
    • Active Duty MEB/PEB Physical OR Medical Evaluation Forum
  • Social Chat
  • Veterans Social Chat's Social
  • Veterans Social Chat's Topics

Find results in...

Find results that contain...


Date Created

  • Start

    End


Last Updated

  • Start

    End


Filter by number of...

Joined

  • Start

    End


Group


AIM


MSN


Website URL


ICQ


Yahoo


Jabber


Skype


GooglePlus


Military Rank


Location


Interests


Service Connected Disability


Branch of Service


Residence


Hobby

Found 1,906 results

  1. I received the short from from Social Security and checked the box "In the last year, I have not discussed with my doctor whether I can work". This is because it is understood that I cannot, and my doctor and I don't discuss working (at least, I think) because its a given that it is permanent that I cannot. Anyhow, this seems to have triggered the long form from ssdi and I filled it out and sent it in asap. I put my psych dr's contact info and my therapist's. My question is: Should I contact my doctor or therapist in advance or just let them respond to what the SS office asks for? Thanks much!
  2. Provided one qualifies for TDIU within the 40-70 disability rule or greater........is it wiser to go for the TDIU claim first and then later on add the P &T........or do you have as equally a good chance with strong IMOs and disability factors to seek TDIU with P&T claim right at DRO Hearing. Just curious if TDUI is more likely granted if P&T is not added initially but say 6 months-1 year later? Has anyone here applied for a claim of TDIU with P&T initially?
  3. Hello friends! Quick question.....I am 90% overall and TDIU 100% with an appointment scheduled at the 1 year mark. Recently i have heard (through a VSO) that my wife and child are eligible for health care. Is this so??? thanks!
  4. Yes, in some cases you can. I can’t work if I’m getting Unemployability, right? No, in fact, unemployability does not always mean that a veteran is not working. The key, however, is that all income earned from employment must be at or below the poverty level, or from a job that is considered to be “sheltered”. These types of … Continue reading
  5. I'm service connected for bilateral severe O.A hips 10%,secondary lumbar sprine,10% left and right knee 10%.My case was remanded back to R.O for further development for my increase for hips O.A and to set C&P for my throat claim. My question is if granted increase rate for my hips and granted service connection for throat would I have to file for I.U or will they simply grant it if my ratings me the criteria.
  6. It's official! After 3 years 8 months of fighting the VA. Now at 100% TDIU P&T. Chapter 35 Bennefits will be a nice addition. I look forward to hearing your success stories too fellow Vets.
  7. If awarded IU with no PT what health benefits are dependents eligible for if any? Would ChampVa be available, or is it only for P&T TDIU?
  8. Hi. Should I (does anyone??) write a timeline about my claim? Like a one page timeline or outline or my history. Example: I just sent in my Social Security Disablilty paperwork for my claim because my SSD was approved due to my damage to my lower spine(posted a few days ago) the judge approved it. I was in Voc rehab 9/2008-4/2009 withdrew from college due to physical/mental meltdown then again went back 9/2010-5-2011 and again had to withdraw because I physically and mentally crashed( I was approved to the National Honor Society). I was approved for SSD 11/23/2009 and I figured if I wrote it out on a timeline it would help the to show the VA exactly the time line since I'm thinking they are not good at that. Advice please and thank you in advance. ((A quick FYI during this time I have been consistently getting spinal injections, spine fusion surgery, quad tear surgery, take pain meds(which make it hard to impossible to think theoretically) and doing physical therapy and PTSD group n one on one at VA PTSD clinic for 3 years now which helps with my daily anxiety.)) Thanks again.
  9. Recently awarded 70% for Bipolar Disorder, granted TDIU, proclaimed P&T, with correct claim date determined. I must Thank all of you for keeping my hopes alive over the years, when darkness set in. I must publicly thank Bergmann & Moore, LLC of Bethesda, Maryland, for without their perseverance and capabilities, I would not have had any measure of success. Professional in every way imaginable. I can not say enough about their latest hero, Fatima. Fatima, thanks for being rational, thoughtful, knowledgeable and thorough! Mr. Bergmann and Mr. Moore, you two rock!
  10. My initial claim in 2010, I was granted 70% overall and 50% for PTSD. I filed a notice of disagreement and in 2013 I was giving a C&P exam for the issues below and was granted 70% but I filed another NOD for the back dating of PTSD and the fact that they completely ignored my TDIU claim. The verbage on this letter is confusing and I'm curious is they are going to back pay my TDUI to Oct 25 2013? I underlined where I was confused. If anyone could shed light on what I could possibly be expecting that would be awesome.
  11. QUESTION: Will/can a 100% TDIU P&T award get removed if my service connected disabilities reach or top 100% ? I ask this because I am +5yr into my appeal process and have received a "partial award" from the VA, as the rest of my appeal moves forward. I was given an increase to 70% TBI to qualify me for 100% TDIU which started last year. Already have 10% Tinnitus. Still on appeal is: MDD -- Arguing for 70% but probably will get 50% Sleep Apnea -- OSA with CPAP required to be rated at 50% My lawyer is inferring that I would be in jeopardy if I try and get +100% Scheduled award disability. I have also heard from a fellow poster (I referred to same lawyers) who informed me that after getting his early/easy disability award, this firm dropped him on his appeal moving forward. In other words, they took the easy money/award and ran on the tougher stuff. What my lawyer currently predicts my disabilities totaling at 94% (70-BTI, 50-MDD, 50-OSA,and 10-Tinnitus) which rounds DOWN to 90% award. He does not want to appeal further, apparently. My lawyer's inference that my 100% TDIU would be in jeopardy if I continue to pursue my scheduled appeal status, just does not sound right to me, but how can I know for sure?
  12. I have a question. Does anyone know of any "case law" on 38 CFR 4.16, the part on "marginal employment?" I had a long email discussion with my former attorney regarding TDIU. She was considering coming back on my claim. But I want my TDIU claim back to 1987 when I first submitted it. I worked, part time, in a sheltered environment following giving up on rehab. I gave a shot at trying to get jobs I thought I might be able to do by working extra time off the clock. Jobs that required a lower skill level than I have when I'm functioning. She is now refusing to come back on the claim because she believes (personally apparently, no case law cited) that if you are getting charity money in connection to a job it counts as "a substantially gainful occupation" if the pay is near, at or above poverty level. My part time employer made a statement in writing to the VA that made me realize I wouldn't have made it as a Hotel Night Auditor which is a low paying low bookkeeping skill job that I had been applying for in addition to part time jobs. After 3 years I gave up the part time job because of increased charity. It made me feel like a beggar on behalf of the VA. My employer's statement said he had twice moved part of my work to another employee. Also that the most difficult thing for him to deal with was my being unable to function on demand when he needed me at times. I was employed to work a specific client's, famous actor, books. Out of charity, the statement said, they agreed to pay me 4 days per week to do a 3 day per week job. I was unable even keep up the 3 day a week job working an extra 16 to 30 hours over the 32 hours I was on the clock. And I knew the job was really a 3 day per week job or even less because at times, when I was clicking, I could catch up a great deal of work. The work didn't change in quantity or complexity. I just changed in functioning level because of enervations, partial and complex partial seizures that were untreated.
  13. What's up Fellow Vets, I am new to this site and I wanted to explain my case and get advise. I was medically discharged from the Army in 2004 due to a diagnosis of asthma (30% disability). I never had any kind of respiratory problems until I arrived in Germany in 2003. I started experiencing difficulty breathing, shortness of breath, excessive snoring, dry mouth, fatigue, ect. After several trips to the doctor and several tests, the Army doctors diagnosed me with having asthma. I never had asthma so all the symptoms i was experiencing were new to me. Fast forward to 2017, I was having trouble with the hormones in my body. I was experiencing ecessive daytime sleepiness, fatigue, memory problems and loud snoring (ask my wife). After several tests and appointments, it was requested by my doctor that I have a sleep study performed. I didnt know why I would need this test but reluctantly, I agreed and took the test. After the test, I was diagnosed with severe obstructive sleep apnea with an AHI 77.5. Moderate is 5 and severe is 10+. So it turns out that the symptoms i was experiencing while in the army were of both asthma and severe OSA. The doctors in the Army never even mentioned or tested me for sleep apnea. I had a DBQ done at the VA Hospital in which i am being treated. In the DBQ, the Dr states: a. Describe the history (including onset and course) of the Veteran's sleep disorder condition (brief summary): Veteran reports excessive daytime fatigue and sleepiness, unrefreshing sleep ,snoring and frequent awakening. He had a sleep study at Northport VAMC on 8/11/2017 whihc showed severe obstructive sleep apnea with AHI 77.5 events per hour. He had a CPAP titration study on 8/23/2017 which showed improvement to AHI of 12.9 events per hour. He just got his CPAP machine yesterday. As of now, he gets about 4 hours of sleep per night. He does not restorative sleep. He does find himself falling asleep during the day. Does the Veteran's sleep apnea impact his or her ability to work? [X] Yes [ ] No If yes, describe impact of the Veteran's sleep apnea, providing one or more examples: he is tired throughout the day. His poor sleep has led to foggy thinking and poor short term memory. I just went on ebenefits and submitted a claim for sleep apnea and Unemployability. Do you think i have a valid claim?
  14. May 2016 I was awarded 70% ptsd along with in increase in lower back rating with total of 90% which was effective 1 June 2016. I was notified may of 2017 and in June of 2017 I filed for TDIU on the PTSD and lumbar back increase. I received notification today that I was awarded TDIU with an effective date of 1 June 2017. My question: I believe my effective date should be 1 june 2016 the effective date of my ptsd effective date. My file show I was let go from work in feb 2016. any help would be greatly appreciated.... NOTE: i was just diagnosed with moderate to sever sleep apnea. I need help trying to get a nexus letter to file claim for secondary to PTSD. Any help would again be greatly appreciated.
  15. All, I competed my C & P exam for TDIU claim for PTSD and Lumbar DDD. I am uploading the notes from my C & P exam for PTSD. The examiner stated I do not know why you are here because your last C & P was in March. If anyone has experience with interpreting the notes I would appreciate your help. I did delete her extensive notes about what I said about my family and events.... My previous C & P exam was 70% for PTSD and total rating of 90% 40 lumbar ddd and radiculopathy, 10% for each knee, 10% for tinnitus. Also I was just diagnosed with Moderate to severe Sleep apnea.... but I have not filed for disability. I would have to get a nexus letter from doc stating secondary to PTSD. If I am denied TDIU I will start that process.... I would like any advice on the results below and also what should I do with sleep apnea claim... I also have High BP... not sure if I should submit Sleep apnea claim and try to go for SC 100% Thanks in advance for your "time and your help" Is this DBQ being completed in conjunction with a VA 21-2507, C&P Examination Request? [X] Yes [ ] No SECTION I: ------------- 1. Diagnostic Summary ------------------------------ Does the Veteran now have or has he/she ever had a diagnosis of PTSD? [X] Yes [ ] No 2. Current Diagnoses ------------------------------ If the Veteran currently has one or more mental disorders that conform to DSM-5 criteria, provide all diagnoses: a. Mental Disorder Diagnosis #1: Posttraumatic Stress Disorder ICD Code: F43.10 Mental Disorder Diagnosis #2: Major Depressive Disorder ICD Code: F33.9 b. Medical problems relevant to the understanding or management of the mental health disorder(s): Physical health problems that he described as affecting his day-to-day functioning or requiring the use of daily medication or medical devices include back pain and sleep apnea. Just got a CPAP yesterday. Please see his medical records for additional information about his physical health conditions. 3. Differentiation of Symptoms ------------------------------ a. Does the Veteran have more than one mental disorder diagnosed? [X] Yes [ ] No b. Is it possible to differentiate what symptom(s) is/are attributable to each diagnosis? [ ] Yes [X] No [ ] Not applicable (N/A) If no, provide reason that it is not possible to differentiate what portion of each symptom is attributable to each diagnosis and discuss whether there is any clinical association between these diagnoses: These conditions can co-occur, and there is some overlap in their symptoms and associated features, which precludes attribution of certain specific difficulties to JOHN DOECONFIDENTIAL Page 22 of 68 one condition or another without resorting to speculation. Consequently, these conditions cannot be fully differentiated from each other. c. Does the Veteran have a diagnosed traumatic brain injury (TBI)? [ ] Yes [X] No [ ] Not shown in records reviewed Comments: Not applicable. d. Is it possible to differentiate what symptom(s) is/are attributable to each diagnosis? [ ] Yes [ ] No [X] Not applicable (N/A) 4. Occupational and Social Impairment ------------------------------ a. Which of the following best summarizes the Veteran's level of occupational and social impairment with regards to all mental diagnoses? (Check only one) [X] Occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking, and/or mood b. For the indicated level of occupational and social impairment, is it possible to differentiate what portion of the occupational and social impairment indicated above is caused by each mental disorder? [ ] Yes [X] No [ ] Not applicable (N/A) If no, provide reason that it is not possible to differentiate what portion of the indicated level of occupational and social impairment is attributable to each diagnosis: As these conditions cannot be fully differentiated from each other, their associated functional impairments cannot be differentiated without resorting to speculation. c. If a diagnosis of TBI exists, is it possible to differentiate what portion of the occupational and social impairment indicated above is caused by the TBI? [ ] Yes [ ] No [X] No diagnosis of TBI SECTION II: --------------------- Clinical Findings: --------------------- 1. Evidence Review ------------------------------ Evidence reviewed (check all that apply): [X] VA e-folder (VBMS and Virtual VA) [X] CPRS [X] Other (please identify other evidence reviewed): VistaWeb or JLV JOHN DOECONFIDENTIAL Page 23 of 68 2. History ------------------------------ Relevant Family and Social History: Relevant Mental Health History: EVALUATION AND TREATMENT HISTORY EMOTIONAL AND BEHAVIORAL PROBLEMS: SUICIDAL OR SELF-INJURIOUS IDEATION OR BEHAVIOR: Other Relevant History: None reported. 3. PTSD Diagnostic Criteria --------------------------- Please check criteria used for establishing the current PTSD diagnosis. Do NOT mark symptoms below that are clearly not attributable to the Criterion A stressor/PTSD. Instead, overlapping symptoms clearly attributable to other things should be noted under #7 - Other symptoms. The diagnostic criteria for PTSD, referred to as Criterion A-H, are from the Diagnostic and Statistical Manual of Mental Disorders, 5th edition (DSM-5). Criterion A: Exposure to actual or threatened a) death, b) serious injury, c) JOHN DOECONFIDENTIAL Page 26 of 68 sexual violence, in one or more of the following ways: [X] Witnessing, in person, the traumatic event(s) as they occurred to others [X] Learning that the traumatic event(s) occurred to a close family member or close friend; cases of actual or threatened death must have been violent or accidental; or, experiencing repeated or extreme exposure to aversive details of the traumatic events(s) (e.g., first responders collecting human remains; police officers repeatedly exposed to details of child abuse); this does not apply to exposure through electronic media, television, movies, or pictures, unless this exposure is work related. Criterion B: Presence of (one or more) of the following intrusion symptoms associated with the traumatic event(s), beginning after the traumatic event(s) occurred: [X] Recurrent, involuntary, and intrusive distressing memories of the traumatic event(s). [X] Intense or prolonged psychological distress at exposure to internal or external cues that symbolize or resemble an aspect of the traumatic event(s). [X] Marked physiological reactions to internal or external cues that symbolize or resemble an aspect of the traumatic event(s). Criterion C: Persistent avoidance of stimuli associated with the traumatic event(s), beginning after the traumatic events(s) occurred, as evidenced by one or both of the following: [X] Avoidance of or efforts to avoid distressing memories, thoughts, or feelings about or closely associated with the traumatic event(s). [X] Avoidance of or efforts to avoid external reminders (people, places, conversations, activities, objects, situations) that arouse distressing memories, thoughts, or feelings about or closely associated with the traumatic event(s). Criterion D: Negative alterations in cognitions and mood associated with the traumatic event(s), beginning or worsening after the traumatic event(s) occurred, as evidenced by two (or more) of the following: [X] Persistent and exaggerated negative beliefs or expectations about oneself, others, or the world (e.g., "I am bad,: "No one can be trusted,: "The world is completely dangerous,: "My whole nervous system is permanently ruined"). [X] Persistent, distorted cognitions about the cause or consequences of the traumatic event(s) that lead the individual to blame himself/herself or others. [X] Persistent negative emotional state (e.g., fear, horror, anger, guilt, or shame). JOHN DOECONFIDENTIAL Page 27 of 68 [X] Markedly diminished interest or participation in significant activities. [X] Feelings of detachment or estrangement from others. Criterion E: Marked alterations in arousal and reactivity associated with the traumatic event(s), beginning or worsening after the traumatic event(s) occurred, as evidenced by two (or more) of the following: [X] Irritable behavior and angry outbursts (with little or no provocation) typically expressed as verbal or physical aggression toward people or objects. [X] Hypervigilance. [X] Problems with concentration. [X] Sleep disturbance (e.g., difficulty falling or staying asleep or restless sleep). Criterion F: [X] Duration of the symptoms described above in Criteria B, C, D, and E is more than 1 month. Criterion G: [X] The symptoms described above cause clinically significant distress or impairment in social, occupational, or other important areas of functioning. Criterion H: [X] The disturbance is not attributable to the physiological effects of a substance (e.g., medication, alcohol) or another medical condition. 4. Symptoms --------------------------- For VA rating purposes, check all symptoms that actively apply to the Veteran's diagnoses: [X] Depressed mood [X] Anxiety [X] Suspiciousness [X] Panic attacks more than once a week [X] Chronic sleep impairment [X] Mild memory loss, such as forgetting names, directions or recent events [X] Impairment of short- and long-term memory, for example, retention of only highly learned material, while forgetting to complete tasks [X] Flattened affect [X] Disturbances of motivation and mood [X] Difficulty in establishing and maintaining effective work and social relationships CONFIDENTIAL Page 28 of 68 [X] Difficulty in adapting to stressful circumstances, including work or a worklike setting 5. Behavioral Observations --------------------------- The Veteran arrived on time for the appointment. His appearance was unremarkable, and his grooming and hygiene were appropriate. He was alert and oriented to person, place, time, and situation. The nature and purpose of the evaluation, the examiner's role in the disability claims adjudication process, and the limits of confidentiality were discussed with him. He verbalized understanding and consented to participate. He engaged well with the examiner, and his responses to inquiries were appropriate in content and level of detail. While no formal evaluation of his mental status was conducted, his cognitive functioning appeared to be adequately intact for the purpose of the present interview. His thoughts were logical, coherent, and goal-directed. His speech was clear and intelligible, and of normal rate, volume, and prosody. There was no evidence of significant expressive or receptive language impairments. There was no overt evidence of perceptual disturbances, delusional beliefs, or perseverative thoughts. His attention, concentration, and motor activity were unremarkable. His mood and affect were appropriate in nature, range, and intensity to the situation and to the topic of conversation. He was tearful throughout much of the interview. He denied current suicidal or homicidal ideation, intent, or plan. He appeared to be a reliable historian and credible informant, and there were no overt indications of malingering or of symptom overreporting or underreporting. 6. Other Symptoms --------------------------- Does the Veteran have any other symptoms attributable to PTSD and other mental disorders that are not listed above? [X] Yes [ ] No If yes, describe: [X] Irritable or angry mood [X] Loss of interest or pleasure in activities [X] Appetite disturbance [X] Weight disturbance [X] Fatigue or loss of energy [X] Difficulty thinking, concentrating, or making decisions [X] Feelings of worthlessness or guilt CONFIDENTIAL Page 29 of 68 [X] Emotional numbing and detachment 7. Competency --------------------------- Is the Veteran capable of managing his or her financial affairs? [X] Yes [ ] No If no, explain: Not applicable. 8. Remarks, (including any testing results) if any: -------------------------------------------------- JOHN DOE: is a 45-year-old male who was in the Army, and who had a deployment to Iraq in xxxxxxx. He has a service connection for PTSD, with a current rating of 70%. This examination was focused on his functioning since the previous examination on 3/15/2017, although information regarding prior history was reviewed and obtained where relevant to the issues in question. Please see the report of the previous examination for relevant prior history. The present examination was based on a face-to-face interview with the Veteran and review of records as indicated above. Except where otherwise indicated, historical information presented above is taken from the interview. Results of the examination indicate that the Veteran's difficulties are consistent with current diagnostic criteria for PTSD. They also indicate that he experiences symptoms supporting a diagnosis of Major Depressive Disorder (MDD) at this time. These are considered to be separate, comorbid conditions which share some symptoms and a common etiology. Due to the overlap in symptoms and associated features of these disorders, it can at times be difficult to determine--and clinicians may reasonably differ regarding--whether the clinical picture might be better accounted for by a single diagnosis or by multiple diagnoses. Results of the examination indicate that as a result of his mental health conditions, he is experiencing significant impairments in a number of domains, including occupational functioning. As he is no longer working, his occupational functioning is inferred from his past work history, from his current social functioning, and from the nature and severity of his current symptomatology. He has not held paid employment since February 2016, when he lost his job due to irritability and angry outbursts. He indicated a previous history of work-related difficulties due to anxiety and panic. Taken together with fatigue, problems with attention and concentration, forgetfulness, intrusive thoughts, hypervigilance, discomfort in interpersonal interactions, and a propensity for social withdrawal and avoidance as a means of coping with stress, these difficulties would significantly limit his ability to secure and maintain gainful employment. He would likely experience challenges in adjusting successfully to a work environment due to difficulty establishing and maintaining effective work relationships, as well as to reduced reliability, productivity, efficiency, accuracy, and timeliness in JOHN DOECONFIDENTIAL Page 30 of 68 attending work and fulfilling job responsibilities. ***This DBQ was completed solely for the purpose of a disability evaluation, and does not represent the results of a comprehensive clinical or forensic evaluation of this Veteran. It represents the information and impressions which could be gathered and reported within the constraints of the time allotted for interview, review of records, and documentation, and within the constraints of this mandated format. DBQs are completed in highly specialized ways that conform to the requirements of the disability claims adjudication and appeals processes. Some items may be left blank or diagnoses may be omitted where the symptoms or disorders might actually be present but, for example, cannot be attributed to a specific cause or etiology, cannot be attributed to the specific condition for which the C&P examination was requested, or cannot be linked to the Veteran's military service on the basis of evidence that conforms to the required standards. The conclusions and opinions documented on this form were based upon the information available to the examiner at the time the evaluation was completed, and may differ from those of professionals who have evaluated the Veteran in a clinical setting and/or from the findings of any previous C&P examinations. New or additional information might result in changes to the examiner's interpretations, conclusions, or opinions as documented on this form.*** NOTE: VA may request additional medical information, including additional examinations if necessary to complete VA's review of the Veteran's application.
  16. Hello I filed for IU in 2014 and it was denied I received the SOC which stated they denied me due to form 21-8940 and the examiner stated my condition had gotten worse but on the DBQ for occupational and social impairment section checked off the symptoms of someone that would only be rated at 30%. I am rated at 70% for MDD. I wrote to the RO that the DBQ was inadequate and should not be used to rate my claim. I submitted the form 8940 & a doctor's note from my treating doctor stating my condition was at least likely due to my unemployability & other supporting evidence from employers. My question is I submitted the Form 9 before I gathered all of this evidence and it is still at the RO and they are reviewing the evidence. When I called the 800# for the status they said the status of the Form 9 was in Prep for decision phase/Ready to rate. Is this information correct? Does that mean that they are making a decision on the appeal? Or the IU claim? I'm kind of confused at this point.
  17. Do they qualify for a retiree ID? Do they qualify for PX & Commissary privileges? Do they qualify for state benefits for being rated 100% P&T? Even if their DD-214 states Other Than Honorable?
  18. Here's a conversation starter (or not)... https://asknod.org/2017/06/14/tdiu-shulkins-new-albatross/
  19. For example: a veteran with PTSD works for a family friend’s business. The family friend provides the veteran with an office and duties that afford limited interaction with other people. The veteran’s salary pays his bills, and is over the current poverty threshold. Because the veteran’s job has been tailored to his individual needs (limited interaction with other people), his job is considered to be sheltered, and therefore falls under “marginal employment.” The VA cannot consider this job as being substantially gainful employment, and must not use it against him in determining IU. https://www.hillandponton.com/unemployability-iu-guide/ Marginal employment shall not be considered substantially gainful employment. Marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Significantly, however, marginal employment may also be held to exist, on a facts found basis, based on employment in a protected environment such as a family business or sheltered workshop even when earned income exceeds the poverty threshold. Consideration shall be given to all claims as to the nature of the employment and the reason for the termination. 38 C.F.R. § 4.16(a).
  20. Hey guys. So, I received my award letter, a good chunk of backpay, and my AB8 and other forms clearly indicate permanent and total. My question(s): Do I still have to recertify every year for TDIU? Will I still expect a 5 year review of my rating? Thanks! Commodog
  21. Hello family today my family and i were fortunate to win our campaign for tdiu 100% and for one know that none of this would be possible with out you guys. I want to say thanks
  22. I am getting scheduler 100 % with SMC and is P & T. A friend told me that I could get unemployability pay aiso on top of 100% with SMC & P & T. I don't know if this is true or not, can anyone tell me if this is true?
  23. Question's I was turned down for TDIU and talked with DAV and he said get my letter from Social Security stating i can not work and the he would ask for a reconsideration, i did not have SS letter at the time i filed TDIU he said i would 99% be granted TDIU. However i have appeals in that looks as if i will become 100% scheduler anyway but by reading allot of statements from VET'S getting reduced after several years i think it would be better for me to go ahead and submit the Reconsideration for TDIU because if Social Security states i can not work due to my service connected injuries i doubt the VA would ever try and remove TDIU but with Scheduler if they think one of your 10 connected injuries is getting better they can do a C&P exam on you and you could loose your 100% scheduler 10 or 15 years down the road. Any Thoughts? TLaff
  24. I have received TDIU for over twenty years for Brain syndrome what they now call TBI . For first ten years all award letters included P/T checked off in letters. Then started noticing P/T was not checked , went to DAV to get it checked out they said it was a computer glitch with some TDIU folks said they would get that fixed for me. Went to DAV today five years later, still not fixed , was informed I would need a physician's letter to verify I am in fact P/T. Told him the Va docs I have seen over the years are retired. They would be the only ones to verify my Brain syndrome(TBI) for all this time . Any suggestions from some of the members how to proceed? Went back with DAV to original award letter ending, " with no future exams" they had many years of award letters with P/T checked in their system ! I also Have a commissary card for 15 years!!!! They said it did not matter, need letter from doctor??? I know you guys no more then me!
  25. As to the strength of the support letter, on proper VA MHC letterhead, and the signature of a 30+ year VA psychiatrist, what do you guys think? How strong will that play a role in getting TDIU? I have submitted my 8940, but all three previous employers were unreachable, or non-responsive in regards to the other forms. Any feedback is appreciated! Thanks for all the support, Broncovet, Vync, Buck, and others. You guys have been awesome!
×
×
  • Create New...

Important Information

{terms] and Guidelines