tdiu *important* Visited Va Claims Rep

[Cherie33]

I visited a VA Claims Rep and he told me that I should not file for TDIU if I plan to earn any money. He said if I earn any money (I am a notary and earn money doing notarial acts from time to time)that the VA will find out and cease all of my current benefits and make me pay back everything that would be paid to me.

He also said that perhaps I should file IU P & T in a few months giving me time to have had my Combined 70% rating a few months. If I am awarded IU P&T, I could earn money with no problem.

What do you guys think? He told me gainful employment to the VA means any kind of employment. (even being a notary)

Please advise...

Thanks Cherie33.

[SLEDGE]

Although my disabilities keep me housebound now,

I was working part-time when I was awarded Social Security AND when I was awarded TDIU with P&T by the VA. (I had layers in both cases)

Messing with totally disabled veterans is just another method that the VA uses to waste resources and thereby keep more idiots on the VA payroll.

An example that one of my teachers used: From his stint in a government office.

Once a year they had an awards ceremony to honor the secretary that had made the least amount of typing errors.

The award winner always, not sometimes, not frequently, always had zero errors. Not to mention more than one winner at any given time.

The people doing the typing took the time to proof read everything to make sure that no errors were present. Even if they took 5 times the normal amount of time to get the typing job accomplished.

So they required at least 4 times as many typists than the private sector to do the same task.

That's how the government thinks.

It does not matter if the content of a document is accurate or even true if the document does not contain any typos.

They don't care how long it takes to generate paperwork as long as there are no typos.

They don't care how much the typing costs as long as there are no typos.

In administrative government work, you only admit a mistake if you want a promotion or desire to be terminated or don't wish to be re-elected.

That's what the government calls 'getting fired'.

'Taking the fall' will get you cross trained into a higher paying position and/or solidify your retirement. Longer paid vacations are always a distinct possibility. After you get fired.

It's ALL about covering yer ass or the boss's butt, not doing your job.

It's not just an attitude, it's an established lifestyle.

If you can't blind them with your bullshit, dazzle them with your footwork.

Balls of crap always roll downhill, that's the trickle down theory.

In government, if the smell of a little turd doesn't keep the predators away, get a cow to poop on it so it can't be seen anymore.

When the army medical services can't get it right you look for deficiencies that can be reported at/on the VA.

(The VA isn't accountable to anybody, so who cares.)

The army problems slide onto the back page this week and are forgotten about next week.

Except by those affected by the slip-shod medical and compensation systems.

Since terrorist acts are illegal we will have to use the ballot box to get some responsible elected officials.

sledge

[LarryJ]

Yes, Bob.

I'm a travelin' man.

[Cherie33]

Ok...So, I see some of you say file and a few of you say basically don't file. (I think that's what I am getting from your post)

Let me elaborate on something. I have a combined rating of 50% Major Depressive Disorder and 30% IBS = 70% Combined. Now, while I do notary work as an independent contractor, I do not earn much from that. However, I am self employed. I don't think its really gainful..Also, I am unable to work a 9 to 5 because of my combined service-connected ratings. My inability to work isn't based on my 50% Major Depressive Disorder alone.

I'm not really sure of what to do. I want to file for TDIU however, I want to do the right thing. I have been through filing for an increase and instead the VA proposed a decrease. Then I had to fight to keep my 50%, then I had to appeal my 10% IBS rating, which they finally granted an increase to 30%. So, I am very skeptical in filing for anything. If I am safe at 70% Combined, then I'll just stay here. I have had my 50% rating since 1998, and I don't want to risk losing it.

Thank you for your help...

Cherie33

[theotherguy]

Cherie,

There is a measure of protection which supports your current position. 38 CFR 3.344 provides that ratings on account of diseases subject to temporary or episodic improvement, e.g., manic depressive or other psychotic reaction, epilepsy, psychoneurotic reaction, arteriosclerotic heart disease, bronchial asthma, gastric or duodenal ulcer, many skin diseases, etc., will not be reduced on any one examination, except in those instances where all the evidence of record clearly warrants the conclusion that sustained improvement has been demonstrated. Your major depression meets the criteria for this regulation since your evaluation has been static for greater than five years.

What worries me is your statement that indicates that your inability to work is not due solely to your major depression. Is the IBS what you are referring to or is it a nonservice-connected disability? If you have other factors contributing to your unemployability, I would recommend trying to secure a letter from your psychiatrist which indicates that you are unemployable due to your depression or at least which details the functional impact caused by your depression. It is paramount to assemble your own evidence in these cases to remove any potential negative preponderance of evidence and establish that reasonable doubt should be resolved in your favor.

Edited May 8, 2007 by theotherguy

[Cherie33]

Cherie,

There is a measure of protection which supports your current position. 38 CFR 3.344 provides that ratings on account of diseases subject to temporary or episodic improvement, e.g., manic depressive or other psychotic reaction, epilepsy, psychoneurotic reaction, arteriosclerotic heart disease, bronchial asthma, gastric or duodenal ulcer, many skin diseases, etc., will not be reduced on any one examination, except in those instances where all the evidence of record clearly warrants the conclusion that sustained improvement has been demonstrated. Your major depression meets the criteria for this regulation since your evaluation has been static for greater than five years.

What worries me is your statement that indicates that your inability to work is not due solely to your major depression. Is the IBS what you are referring to or is it a nonservice-connected disability? If you have other factors contributing to your unemployability, I would recommend trying to secure a letter from your psychiatrist which indicates that you are unemployable due to your depression or at least which details the functional impact caused by your depression. It is paramount to assemble your own evidence in these cases to remove any potential negative preponderance of evidence and establish that reasonable doubt should be resolved in your favor.

Hey theotherguy,

I am refering to my IBS..Some days it can get really ugly. Eventhough, I work from home. I sit in front of my computer, when I am not feeling too terrible. I meet with my Psych dr. in June. I'll talk to him then.

Cherie33

[Cherie33]

Hey theotherguy,

I am refering to my IBS..Some days it can get really ugly. Eventhough, I work from home. I sit in front of my computer, when I am not feeling too terrible. I meet with my Psych dr. in June. I'll talk to him then.

Cherie33