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Found 20 results

  1. Submitted a claim for I/U had three C&P exams back in the beginning of September and now waiting (as usual). Each week the VA keeps requesting more forms from me via VA.GOV and ebenefits , 4192, 4142 and 4142a, medical records from providers dates and addresses. I submitted all these requesting documents when I submitted the FDC claim (over 100 pages) The VA has all the same documents . VSO even questioned the requests. Question I have is why request the information that I already submitted and filled out properly and they have copies??? Will they see after I submitted duplicated documents it's creating a cluster of papers??? I haven't called Peggy in awhile but they read a script and they cannot answer requests when you call these days. I'm in no hurry as usual and very patient when submitting claims and appeals.
  2. In 2012 the Department of Education granted my T&P Disability Claim. I notified the VA. In 2014 the VA sent me a letter to inform me that had attempted to receive a response from the SSA of my SSDI in August deliberately waiting until August when the SSA had reclassified me at 67 as retired. Fortunately I had a copy of the SSA/SSDI letter dated 2012. All of this was for my TDIU claim. I notified Congress and they confirmed that the VA had received a 2012 SSA of my SSDI status. Now 2019 came and has gone and the VA still is telling me that my TDIU claim is still pending even though the VA has granted only my 100% mental and not my 90% physical rating as preventing me from working. The most recent 2020 VA documents does not list the SSA/SSDI letter. I am hiring an attorney because my patience has run out.
  3. If I were to get a job where I was considered a Virtual Employee(with a big company) and Worked from my home. Is that considered a "sheltered environment"? Meaning would I get in trouble for working from home and make more than the poverty threshold? Thank you Scott
  4. 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).
  5. So I was recently granted TDIU and noticed a large lump sum deposit into my DIRECT DEPOSIT on 9/16/2019. Well that account cannot hold large sums of money over $10,000 so I provided them with the new account information 9/17/2019. Well my award is STILL suspended and I'm frustrated and broke. I have two kids with one of them being 19months old. I have no food and $40 to my name. I'm two months behind on rent and my lights will be shut off in less than a week. Of course, the VA is taking their precious time to un-suspend my award. Im calling everyone I can including the Secretary of Veterans Affairs to see if I can get it expedited. Anyone know of this or has went through this. What can I expect and any advice> Thanks.
  6. CAN SOMEONE HELP ME MAKE SENSE OF THE RESULTS OF MY C&P EXAM FOR IU? LOCAL TITLE: COMP & PEN MENTAL HEALTH/PSYCHOLOGY EXAM STANDARD TITLE: PSYCHOLOGY C & P EXAMINATION CONSULT DATE OF NOTE: SEP 07, 2018@09:00 ENTRY DATE: SEP 10, 2018@13:29:26 AUTHOR: HILBORN,ROBERT S EXP COSIGNER: URGENCY: STATUS: COMPLETED Mental Disorders (other than PTSD and Eating Disorders) Disability Benefits Questionnaire Name of patient/Veteran: Derick Is this DBQ being completed in conjunction with a VA 21-2507, C&P Examination Request? [X] Yes [ ] No SECTION I: ---------- 1. Diagnosis ------------ a. Does the Veteran now have or has he/she ever been diagnosed with a mental disorder(s)? [X] Yes [ ] No ICD code: Bipolar I Disorder If the Veteran currently has one or more mental disorders that conform to DSM-5 criteria, provide all diagnoses: Mental Disorder Diagnosis #1: Bipolar I Disorder Comments, if any: The Veteran is currently service connected at 70% for Bipolar Disorder. He was not diagnosed with Bipolar Disorder until after service, though he has several markers identified during service, including periods of 3. 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 occupational and social impairment, is it possible to differentiate which impairment is caused by each mental disorder? [ ] Yes [ ] No [X] Not Applicable (N/A) 3. Symptoms ----------- For VA rating purposes, check all symptoms that actively apply to the Veteran's diagnoses: [X] Depressed mood [X] Anxiety [X] Suspiciousness [X] Near-continuous panic or depression affecting the ability to function independently, appropriately and effectively [X] Chronic sleep impairment [X] Mild memory loss, such as forgetting names, directions or recent events [X] Disturbances of motivation and mood [X] Difficulty in establishing and maintaining effective work and social relationships [X] Difficulty in adapting to stressful circumstances, including work or a worklike setting The veteran verbally consented to the exam and did not express any concerns. The Veteran currently meets DSM-5 criteria for a diagnosis of Bipolar Disorder that is more likely than not caused by or a result of his military service, given obvious markers for Bipolar Disorder during service, and no reported mood symptoms or treatment thereof prior to service. His mood symptoms impact his ability to function effectively. As such, his current level of impairment is best described as, occupational and social impairment with deficiencies in most areas such as work, school, family relations, judgment, thinking, and mood.
  7. 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!
  8. 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
  9. 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.
  10. For some reason, my date of completion keeps getting pushed back. I was told that I have a tentative decision on my claim when I called the VBA hotline. However, the representative (VBA claim representative) said that he could not see what it was and that the VA was awaiting the results of my C&P exams for finalization. I have requested another C&P provider because MSLA kept telling me that they didn't have any providers available from October through January. I was finally scheduled for all but my mental health exam, which, the company claims that it send back to the VA as not being able to be scheduled due to no provider was available in my area. I have submitted a lot of evidence linking my secondary with my primaries through the use of medical peer-reviewed journals and articles. Furthermore, I uploaded letters stating that I was almost kicked out of school and two letters of termination from my last two jobs. Here are my current ratings. Disability Rating Decision Related To Effective Date tinnitus Deferred posttraumatic stress disorder (PTSD) with major depressive disorder (also claimed as an anxiety condition and depression) 50% Service Connected PTSD - Non-Combat 12/26/2015 fatty liver (claimed as a liver condition) Not Service Connected right carpal tunnel syndrome and diabetic peripheral neuropathy (previously rated as right carpal tunnel syndrome) 20% Service Connected 02/28/2017 lower peripheral neuropathy Deferred obstructive sleep apnea (OSA) 50% Service Connected 12/26/2015 diabetes mellitus 20% Service Connected 12/26/2015 hypothyroidism Not Service Connected left carpal tunnel with diabetic peripheral neuropathy (previously rated as left carpal tunnel syndrome) 20% Service Connected 02/28/2017 scars (head, face and neck) Not Service Connected upper peripheral neuropathy Pending Disabilities Disability Submitted Type Actions Dizziness 09/03/2017 NEW View Pending Claim Allergies 08/21/2017 NEW View Pending Claim Cyst/benign Growth-skin 08/21/2017 NEW View Pending Claim Unemployability 08/21/2017 NEW View Pending Claim Fatigue (secondary To Osa And Diabetes Mellitus) 08/21/2017 NEW View Pending Claim Hedaches (secondary To Diabetes Mellitus) 08/21/2017 NEW View Pending Claim Skin Condition 08/21/2017 NEW View Pending Claim Stomach Condition- Heart Burn 08/21/2017 NEW View Pending Claim Hearing Loss 08/21/2017 NEW View Pending Claim Hyperlipidemia (not A Disability) 08/21/2017 NEW View Pending Claim Eye Vision (secondary To Osa And Diabetes Mellitus) 08/21/2017 NEW View Pending Claim Obstructive Sleep Apnea Osa 08/21/2017 INC View Pending Claim Diabetes Mellitus 08/21/2017 INC View Pending Claim Hernia Condition (secondary To Obstructive Sleep Apnea (osa)) 08/21/2017 NEW View Pending Claim Ptsd 05/12/2017 INC View Pending Claim Tinnitus 05/12/2017 REP View Pending Claim Scars Head, Face Or Neck 05/12/2017 REP View Pending Claim Lower Peripheral Neuropathy 05/01/2017 SEC View Pending Claim Hypothyroidism (secondary To Diabetes Melitus And Osa)(08/21/2017) 04/12/2017 SEC View Pending Claim Carpal Tunnel Syndrome (secondary To Osa) 02/28/2017 NEW View Pending Claim Upper Peripheral Neuropathy 02/28/2017 SEC View Pending Claim Deferred
  11. I'm having some trouble understanding the 21-4192 document, in section 1 it says in parenthesis (to be completed by VA) and below that it has address blocks 1 and 2 (and the word "complete" in parentheses) Pretty sure my former employer's information goes into block one (filled out by me?) but i'm not sure what goes in block 2 - It says "return to" between the blocks. Thanks for any assistance you can give.
  12. Hi Hadit. I am working on getting some ratings raised from a case that was just decided and rated on Sept. 16, 2015. According to my understanding, if we do a NOD I would need to send in new evidence which was not included in the original claim. What if I feel that they obviously did not look at the original evidence sent in? I believe that if they had looked at the original evidence the ratings would have been higher. The veteran's highest rating is 30%, but his total adds up to 90%. Based on what I have read if we wanted to make a request for increased compensation based on unemployability, at least one of his ratings would have to be at 40%. The veteran has not worked since 2010 due to his conditions. There was a statement written by his doctor (who worked at the VA hospital) stating in his opinion the veteran could no longer work because of his conditions. This statement was written in 2006. His condition has gotten much worse since that time. That statement was sent in with the original evidence for the claim. Of, course VA sent him for a C&P exam. I'm thinking that the write up from his C&P exam must have not supported that fact. The veteran has been receiving Social Security Disability since 2010. Your opinions are needed. Thanks in advance.
  13. I first enrolled on the Agent Orange Registry in about 2008. No real reason then, except others said it was a good idea to get on the list. I was in-country in Vietnam from 1968-69. In 2012, I saw that Ischemic Heart Disease was added as a covered Agent Orange disease as of September, 2010. I had a heart attack in 2006. So, I applied and got a 60% rating and was paid retro to September 2010. That 2-year lump sum deposit was sweet! In 2013, I applied for PTSD and was denied because of a doctor filling out his report wrong. I appealed and was granted 50% only 6 weeks later! Now, my rating increased to 80%. In December, 2014 I applied for a rating because the VA said I was a diabetic and put me on an RX. They rated me 20% for that, but not enough to change the 80% rating I already had. In February 2015, I asked to have the PTSD rating increased and that I had left my job 2 months earlier because of the PTSD. In April 2015, they increased my PTSD to 70%, for a new rating of 90% overall. However, they also put the added benefit of Unemployability on the claim, which boosted the claim way up there. With a spouse, I went from getting $1688 to $3415 per month! They now put me at 100% Total and Permanent disability! When that rating came in, I immediately went to my Motor Vehicle Dept and got a Disabled Veteran plate for my car. Cost: only $4.50/yr! Then to the county appraiser's office here in florida to file for my exemption. At 100% total and permanent, they waive 100% of your property taxes on your home! ($3600/yr savings!) If you are under 65, which I wasn't, you can also apply for a waiver of your monthly premium for some types of Servicemen's Group Life you may have. Also, but not the least, I went to a somewhat (75 mi. away) local Naval base and applied for a ID card that gives me 100% privileges at any commissary or exchange anywhere in the world, at any military base. I went to an Air Force one yesterday! I can even book a campsite or room at any base that offers it. Disney, Universal, etc are on the discount list too! The gist of all this, it's that you can do it yourself! Everything you need is available online .Sign up for Ebenefits online today! If you feel you need assistance, see your local VFW, American Legion, of VA Officer. Most states also have service officers that are paid by the state itself. They are usually disabled vets themselves and are there to be on your side. Stay away from the attorneys! They are in it for the money only!
  14. My husband has several claims being considered, one of which is unemployability. This was originally filed due to bad advice from his VSO. After much reading on here, we realize he is not entitled to receive unemployability at this point. He works limited hours due to his disability but, partially due to the fact that I work at the same place and help him often with his work (commission sales), he makes over the threshold. Now, we are wondering if he should request to have the claim dropped for this one contention. It will likely hold up the decisions on the other claims and is just clogging the system for no reason. Had we known then what we know now, we never would have filed it. My main concern with dropping it now is the fear that VA will somehow screw everything up and drop everything or something like that. Or, maybe the process of withdrawing it will cause even more delay. Any thoughts on this? Thanks, Kate
  15. Need some advice please. My husband's claims were denied in Sept. 2013. In August, one month before the denials, on the very bad advice of his VSO, a claim was filed for unemployability. We were really lacking knowledge in all this and just did what told. Since then, I've spent a lot of time on this forum and gained much more knowledge. I now realize the unemployability should never have been filed. My husband still is working (about 16 hours a week.) Really difficult to do and causes great stress due to his PTSD symptoms as well as symptoms for kidney problems but is working. A month after filing, the claims for kidney, tinnitus and PTSD symptoms (recently diagnosed) were denied. He filed a reconsideration with new evidence for the PTSD and Tinnitus in April 2014. The kidney is on hold while waiting for IMO. After this reconsideration was received, they listed Tinnitus as a reconsideration and the PTSD as new (apparently because the PTSD was originally not filed as such but as anxiety, irritability.) At the same time, the unemployability which was at the "preparing for decision" phase was taken from there and listed as a new claim. Recently, the claims went from review of evidence to awaiting decision approval and now just went back to review of evidence. I assume this was because it was noticed that there were no C&Ps done. My concern now is if we should withdraw the unemployability claim since clearly it is not a valid issue at this time. I wonder if this will just hold things up more while they request all the employment forms, etc. required. We are hoping to get a ruling on the reconsideration of these claims before the one year is up on Sept. 19th and not having the unemployabilty claim delaying things may help to speed the other issues up. I think they should have all info. needed for the other claims with the exception of the C&Ps which hopefully they will order soon. Would withdrawing the unemployability claim mess anything up with the other claims? And, how is this done? Can we do it in ebenefits? DAV is the current VSO but not really helpful in any way and hard to get in touch with. I don't want VA to think we are withdrawing all the claims. Thanks, Kate
  16. I've been doing some research about TDIU. I don't meet the rating requirements for TDIU, but I have a SC disability that prevents me from working. I have read that there is such a thing as extra-schedular TDIU if you can prove that your condition prevents you from working. My disabilities are: Major Depressive Disorder 50% migraines 10% IBS 10% I have also reticently received SSDI. Does it carry any weight in proving unemployability?
  17. I am retired military with a rating of 90% from the VA. Today, I received my approval letter from Civil Service that my Federal Employees Retirement System (FERS) has been approved for medical retirement. My question is, if I apply for Unemployabilty with the VA, will I lose my military retirement pay?
  18. All this stuff confuses the heck out of me. I have a combined rating of 70%, my highest individual one being anxiety at 30%. I received this rating in fall 2009 and have been talking to MHC on a weekly then monthly basis; and trying different meds ever since. I held one job for 7 months since my ETS in 2009. After that I've had one job interview, the employer kept making remarks about how I acted and asked if I was ok. Since then I find every excuse in the world to not leave my house. I was considering filing for Increased Compensation Based on Unemployability, but unless I'm mistaken I have to have at least one disability rated at 40% correct? In short, do I need to raise my rating first? Thank you for any information.
  19. Last June I filed a P&C Claim for my feet, in November I was granted a Service Connection rated at 0% I immediatly appealed and have an appeal pending to the DRO since November. Suddenly the VA shows in January I have a claim pending for unemployability, me nor my rep filed an unemployability ckaim. I am considering asking the VA to close it, becaue I am sure I would not qualify. I am afraid to close it though, because I am wondering if the VA themselves opened it for some reason, since no one knows why Iit was opened in the first place. Anyone had this happen to them? Any suggestions on what I should do ask to cancel it or let it ride? Will it slow down my DRO review? Thanks, David
  20. My e-benefits deal shows that crazy making gathering of evidence phase still. I had C&Ps in October and November. I note that it says my file is missing the 29-8940 Unemployability Form. This was submitted with my binder of info in March 2012. Is it misplaced? Floating around the Cleveland VA Office? Does issue need to be addressed or is it just another e-benefits SNAFU?
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