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Found 1,906 results

  1. Went before a VA review officer on Tuesday, and he awarded me Permanent TDIU(among other things), on the spot. How far back is the award taken to? The last day I worked, or the date I first filed the TDIU? I haven't worked since 1998 by the way. Thanks.
  2. I just received my notice from VA. They denied my claim for TDIU. First, they say I meet the schedular qualifications and then they say that I have not been found unable secure or follow substantial gainful employment. They acknowledge that I was accommodated to a reduced work schedule and receive SSDI, but there is no mention of my disability as to my retirement. I was eligible for retirement and took it. No need to mention disability since it is not disability retirement. Further, I declined Independent Living Services. I declined it because I live with my husband and son. If I need help they help me. What does that have to do with unemployability. On the 21-4192 My work record shows that I worked 40 hours a week. It was a bid position of 40 hours and I was allowed to work less. I sent them the pay stubs to show that I never worked 40 hours and sometimes a lot less. They completely ignored a letter from my doctor stating that it was his recommendation that I retire due to my service connected medical condition. Of course there is the C& P exam done by a nurse practioner, licensed for 8 months who stated that I didn't have debilitating fatigue or cognitive impairment during my 10 minute visit with her. I would appreciate your thoughts on the best way to fight this. I can deal with the obvious, but I haven't been successful getting a copy of the c&p because it was done by a private practice. My request for a copy has been in for 4 months now and I am still waiting. Athough this was expected, it is exasperating. I am in it for the long haul and realized most of what I was in for from the beginning. Your thoughts and advice is appreciated. Thank you for your time.
  3. Hello fellow Vets, I am rated at 90% service connected disabled. I am also scheduled for surgery in February 2017, for a service-connected injury. I will have a joint corrected and bone surgery. I will also be in a cast or other therapeutic device for at least 12 weeks. I know that I will not be able to return to work, due to pain and other medical conditions. How do I go about getting my Doctor to give me a letter of unemployability in my behalf ? Thank You all in advance .
  4. First off, I hope everyone had a great New Year. I am not certain that my NOD has been denied yet, but when I called Peggy I was told that a statement of the case was being prepared, so I'm preparing for worst case scenario. Background-I was granted service connection for systemic lupus at 60% and acquired psychiatric condition to account for memory loss at 50% in September 2015, effective date was Jan 7 2010. I submitted a NOD on Nov 4 2015, disputing the rating I received for the lupus, and requested tdiu. My VA doctor has completed a DBQ for me and stated that the lupus does cause severe impairment of my health. I have been found unemployable by Vocational Rehab, and have regular lupus flare treatment records for the past five years, all of which were submitted. I was also terminated from my job September 2015, due to SC disabilities. I completed every form required for tdiu, including the employers form, which my employer stated they could not complete, as well I submitted a statement explaining I had completed the employers form due to the companies refusal and submitted my last pay stub that showed how many sick days I had missed for the year. My question is, if they still deny the tdiu claim, in spite of the letter from Voc Rehab stating that I am permanently and totally disabled due to SC disabilities, would that be a cue? I am currently at 90%, since I was also awarded 20% for fibromyalgia and 10% for gerd on a later claim, so I do meet the criteria, in fact I meet the scheduler criteria for 100% for systemic lupus as well, due to flares occurring every four to six weeks, lasting 9-11 days during which I am mostly bedridden, and causing severe impairment of my health. I will of course file a form 9 as well if denied, but should I also ask them to cue themselves. I apologize because I did try to find the information myself, but I wasnt certain which regulation it would fall under. Thanks in advance, and I will keep everyone updated.
  5. If I graduate from a Voc program I know I'll lose my TDIU? But will I just go back to 90% since its work that isn't strenuous to my TBI residuals? I spend 6 years getting TDIU and now I realize I might not be able to survive on the income alone it could just be my anxiety but I don't want to put my family out of our home so I have to push myself to do something .
  6. So I waited the 7-10 days to call Peggy bc I still haven't received my BBE for my case that completed and closed Jan 4. The surprising thing was they were willing to fax it to me, I have an online fax number so it just goes to my account and I download it. That was a pleasant surprise, since I've read about folks waiting for months. The bad news was that they denied TDIU and my dependency claim. They stated that I didn't complete the application for dependents so it was denied until I provide all of the information (nice to find out 6 months later). Thing is, I completed it online and filled out all the required portions to move on in the application. Thanks ebenefits. So is the dependency portion a matter of just sending in the requested information they said I left out or is that a separate NOD? For the TDIU, my letter states: Entitlement to Individual Unemployability has been denied because you have not been found unable to secure or follow a substantially gainful occupation as a result of service connected disabilities. (Is this standard language when IU is denied? It's unspecific...) Information received from your employer revealed you were on short term disability leave and are now on long term disability leave. There is no ending date of employment. Based on this information, it appears you are considered employed, but on disability leave, such as FMLA. ******** There's no other reasoning listed, but it does show all of my evidence listed. I'm so confused on the second part...yes I have been on disability leave since June 2015 and it transitioned to long term disability in Oct 2015. I sent them all of that FMLA paperwork that shows my short term and long term disability dates. I am still technically with my employer because they cover the LTD insurance, and they haven't fired me since I suppose they fear a lawsuit. But I haven't been working since June 2015 and I sent proof of how my disabilities were affecting my employment prior to going on disability leave as well. I can't go back to that job unless my doctors sign a return to work fitness form which they won't do, I'm pretty sure. My doc just submitted me for a consult for ECT which is reserved for severe, treatment resistant issues. Either way, I've heard of folks getting approved for TDIU while working because it was marginal, or being employed part time. Even if I am technically employed on paper, I obviously haven't worked! Do I file a NOD? Is this a CUE? I'm at a loss... Note: all reference to disabilities are SC
  7. So I was awarded TDIU with SMC S on Nov 11. I was paid 90% on Dec 1 and Dec 30 for Jan. I was paid retro for Dec 30 on Jan. 12 for 1500. Not to sound greedy but am I not owed another 1500 dollars for Dec 1 since I was awarded it on Nov 11? I know my math isn't great but what am I missing I did this without an attorney so no payout to anyone.
  8. I still have two issues I've never filed for on top of two pending appeals. Do I keep going now I'm 100 TDIU it's for a broken pelvis and a back injury of the T3 and T4 that still calls me strain? I know it could open a can for rescheduled exams I'm not worried nothing has changed that would give me a lesser outcome I have had 3 exams for my TBI all three 70 since 2010 memory will never come back fully. How long until it's considered permanent even though my doctor says it is after seeing my MRI. Is requesting a permanent TDIU rating ok?
  9. I'd just like to thank all of those "gurus" and knowledgeable folk that led me in the right direction with my claim. After six long and tedious years, the VA has finally deemed me 100% TDIU Permanent and Total. In September of this year, I didn't even have a rating and I went from 70% in October to 100% P&T IU in December. With God's help, the power of the IMO, and hadit.com, changed my outcome. Now I have all the benefits of a truly disabled Marine, deserved, but long time coming. No more automobile registration fees, property taxes or student loan debt. Moreover, my kids will receive Chapter 35 benefits to use for college. There are many other benies, but you get the idea. Thanks again for all of your help...great site.
  10. HELLO EVERYONE MY NAME IS EDGAR I SERVED IN THE ARMY FROM 2002-2005. I AM CURRENTLY AT 80% RATE, RECENTLY IN JULY I GOT AWARED 80% FOR unspecified trauma and stressor related disorder with major depressive disorder (previously addressed as major depression) 50% bilateral hearing loss 40% hypertension 10% tinnitus 10% I have been unemployed since 2015 and when i was awared the 80% in July 2016 the DAV sent me a letter that i could apply for TDIU so i called the DAV and told them that i have not been working since Febuary 2015, i went ahead and submitted a claim for TDIU VA received my claim in July 29, 2016. I had two C&P exams done one in September 2016 and one in November 2016, the first C&P exam was a psychairatrist was at a doctors office that was set up by QTC, that doctor did my evaluation and stated that i have symptom of PTSD, and he recommened me to follow up on this, so then in November my other C&P exam was with the VA doctor there the VA doctor did the evaluation and this is what he put. Please comment on the effect of the Veteran's service connected disabilities on his or her ability to function in an occupational environment and describe any identified functional limitations. Please refrain from opining on if the veteran is unemployable or employable; instead focus and reflect on the functional impairments and how these impairments impact occupational and employment activities. Comment: The veteran is able to function independently and engage in activities of daily living. He is able to drive an automobile and research jobs or prepare for job interviews. However, symptoms of depression and trauma-and stressor-related disorder would negatively impact his motivation. Problems sleeping and tiredness may negatively impact performance and productivity. Irritability may cause interpersonal problems on the job. NOTE: VA may request additional medical information, including additional examinations if necessary to complete VA's review of the Veteran's application. \
  11. I have a question about how retroactive compensation. The rater finds that I have a disability at 70%. I know that over 70% disability I am paid at the TDIU rate. Would I receive retro compensation at the rate of 70% or at 100%?
  12. Went from prepare to notify to gathering of evidence on a Saturday?I am about to lose my mind. And then there's a new claim finished in historical claims eligibility determination complete. My because my claim has 7 claim issues the TDIU claim was finished but the claim begins to work on the deferred issues? I am guessing
  13. From all I've read both here and on the Law Blog, it's a good idea to file a Fully Developed Claim as well as TDIU together. Anyone filed these two together? Any comments, experiences....concerning the matter?
  14. Update: My claim status went to prep for notification on Friday, Dec 30 and this morning it disappeared and moved to historical claims as completed. Nothing has changed, disabilities and AB8 letter are still exactly the same. I would assume this means my claim for TDIU was denied, however I also had a dependent claim added in which also closed at the same time (opened as a separate claim when my daughters started college, but the system automatically rolled it into my then open claim)...I would think that at least there would be the addition of my dependents, which should be more administrative than speculative, and added to the award on my AB8 letter? Or will the letter just show the base rate? Or maybe I got denied for that too (under what circumstances would I be denied for ALL 3 of my full time college dependents, all under 20 years old, all my kids)? I know many get to see their updates in their AB8 before they get the BBE or retro, it seems most who don't see the change in ebenefits are denied? Oddly today I am not having a meltdown but almost a sense of relief, even if denied, at least I'm not in purgatory and can take the next steps for appeal or whatever, thanks very much to you all here for helping me maintain some kind of perspective and plan. Tomorrow may be different though, but I'll take that small victory in sanity for the moment. Telling myself to wait for BBE...I wonder if I could submit my ebenefits activity history as evidence for anxiety/OCD
  15. Just wondering if anyone had this happen to them and what the outcome was good or bad? My claim has been expedited for financial hardship as well. This is for DDD, Mental Health awarded at 30% and TDIU. I have had 3 surgeries in past 2 years on lower back with fusion, rods and screws. Limited motion and in the Home Bound program as I am unable to travel to DR appointments due to DDD. No C&P appointments were requested as per BVA request but case is before DRO for decision.
  16. Hi, I am new here, I recently was awarded 70% for mental health issues which is secondary to my service connected disabilities and was previously rated at 40%, now combined rating of 80%. Each of the my service connected disabilities total 40% - 10% each. I won't detail them out, no need. Since I was medically discharged from the Army rated at 10% in 2005, I have had 7 jobs and have more and more issues with each one since I started them. My longest job I have had was my first job out of the Army and it was working for my father-in-law, who retired after 5 years working from him. I had issues there, like I quit and went back to work for him twice because of communication problems and other issues dealing with him treating me like a child. I have difficulty remembering things due to meds and it causes a great deal of issues at work meetings where I have to ask several times to repeat what was said either during the meeting or after the meeting. The other issue i have is being able to be attentive enough to be wary of what is going on since I do not sleep very well due to sleep apnea and I am in the process of filing a claim for that now. Can I claim TDIU in regards to my disability ratings, I am 40% service connected disabilities with an additional 70% secondary mental health rating, combined rating at 80%? Why do some vets call it IU and some call it TDIU? Is this the same thing? Last question - when does a vet qualify for an id card with medical coverage for dependents? If I was granted TDIU at 100% would I be granted medical coverage for my dependents?
  17. I was hoping that someone can tell me how and where I can read the notes from my C&P or any of my notes from my Dr.'s appointments. Thanks in advance.
  18. My TDIU claim is closer to a resolution. I called the "800 Number for Ebenefits" today. My claim is still in the Preparing for a Decision phase. However my claim was worked on today and the note attached to my claim said that the "statement of case" is/needs "promulgating". I don't understand what this means. Could anyone shed some light? I have been approved for SSD for the same conditions for SC conditions of TBI (Organic Brain Injury in SSD-Talk) , Anxiety, Depression.
  19. Hello, I am waiting on a TDIU claim. I was recently awarded SSDI, and I submitted my acceptance letter to strengthen my TDIU claim. I have been told that my claim is in "Preparation for Decision" (or something like that). My question is this; Would it be uncommon for a regional office to process a TDIU and award it? I know that all claims are different. I'm just wondering is it common for VA regional office employees to take time between Christmas and New Years off. I know that in many other government agencies this is the norm, but is it true for a VA regional office?
  20. This is what my examiner put for functional level I was happy about it but it true. How might this effect my claim for TDIU or IU? I am 90 right now. 4. Functional impact Do any of the Veteran’s residual conditions attributable to a traumatic brain injury impact his or her ability to work? [X] Yes [] No If yes, describe impact of each of the Veteran’s residual conditions attributable to a traumatic brain injury, providing one or more examples: (1) Trauma effects on Veteran's Memory seem to create one of his most significant impairments. Work on aircraft, where the lives of pilots & passengers are at risk, and much of the tasks are quite technical, seems particularly inappropriate for an individual with his apparent level of cognitive impairment. (2) In most employments, relationships & cooperation with coworkers & customers are important. The Veteran's emotional impairments would seem to be a liability. (3) What he interprets as chronic headache, may be a response to cognitive impairment. An employer would be prudent who asks himself whether this Veteran with his impairments is the individual who should be working on aircraft engines. The Veteran's Physician requested from the employer a modification of his work schedule because of concerns about circadian rhythms in the Veteran. That request was nixed because granting it would in the employer's view, it would be a violation of the collectible bargaining agreement with the Union. However, the Veteran's positives with respect to employment were well stated by him when he said to this examiner, "I'm as strong as an O
  21. Hello HadIt Family, First a little background, in 2009 I used my Post 9/11 GI Bill to get my Bachelors. I was working full time at a job that I felt was increasing my depressive state and was constantly degraded. In 2012, I applied for VocRehab stating my current job was just making my depression worst and they made me take tests, talk with a Voc Rehab outside consultant and a counselor and they recommended I get a Masters in Accounting (my math scores were really high) because it would open the door to not work around so many people (severe agoraphobia). I got my Masters degree in 2015 and pretty much used up 48 months of chapter 33 and 31 educational benefits. After 5 months of getting my degree I had a follow up and they felt I was good to go since I was already working and I have a Masters. No help finding another job assistance or anything, it was a different counselor and she just thought I was working and was good to go so she closes my case. Fast Forward to the beginning of 2016, still working at the same place for a pretty good salary but my depression, Agoraphobia, and tyrant of a boss have become too much to bear that I leave work and go to a mental hospital. So I filed a claim in 2015 that was denied and an appeal for an increase in depression and for TDIU and am currently waiting on a DRO Appeal. My question is should I obtain the records from Voc Rehab for my appeal and will it help based on what I have said? Can I reapply for VocRehab even though I have already completed Voc Rehab? Any help or advice would be appreciated. CaliBay
  22. Not sure where this goes and feel free to move it. I just wanted to give hope and good news for my fellow VETS. I am 100% schedular with the VA and sent in for student loan forgiveness. I just got my confirmation today that my Student loans were fully forgiven! YAY......I am NOT P&T or TDIU either. So as long as the VA considers you 100% you qualify for the student loan forgiveness. GOD IS GREAT!!!
  23. Was just informed that my lower back problems have worsened after I took an MRI; I'm currently at 20% for lower back issues, and 80% combined. Also, I do have 40% for my right knee. My new condition was diagnosed as Bilateral Foramina narrowing of L-2, L-3...as well as bilateral severe narrowing of the intervertebral disc space. I have also returned from the Voc Rehab folks, and they have informed my that because of my medical conditions, they are unable to assist me. So of course I will submit the Voc Rehab rejection letter should I decide on TDIU. So, what do I file for, TDIU, or increased disability for my back? Thanks.
  24. When they look at your taxes is Per diem for traveling counted as income or not since its for travel and not working?
  25. i had my headaches:migraines increase C&P I think it went ok I gave him my prescription from the VA doctor for pain meds for my headaches and this cefaly Shock pad I use at night before bed. I told him about the breaks I take at my new temp job I was able to get when my old employer said they were going to give me a reasonable accommodation for my disabilities. I said it not a permanent job and they can fire me at any moment if I make a another mistake, as I have made 2 in 3 weeks and big ones that cost the company money. I'm hoping this increase is enough to get me 100% it's currently at 0% with my total at 90%. This was also I think a TBI review for unemployability he asked me allot of my memory I said I'm scared I'm going to get someone harmed working on aircraft the last place I worked out me on unpaid medical leave until I got better. I'm as good as it's going to get doctors tell me just live with it. So I had to resign so I can pay my pregnant wife's medical. Does this sound like I have a shot at anything higher then 0 percent? Not to sure how the employability works out or what you even have to show?
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