tdiu Voc Rehab Tdiu

[cowgirl]

Started vocrehab once, evaluated and told my specialty skills didnt transfer to civilian work. Stressed by process, mdd, I did a health pause. If all else looks good for tdiu, will the pause affect claim? can't reopen been near 2 years.thanks,cg

Edited December 13, 2007 by cowgirl

[Wings]

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su·per·sede

1. To take the place of; replace.

2. To cause to be set aside, especially to displace as inferior or antiquated.

*Rulings may be superseded, modified, or rescinded by later legislation, regulations, court decisions, or Rulings. ~Wings

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EXAMPLE

On November 9, 2000, the Veterans Claims Assistance Act of 2000 (VCAA), Pub. L. No. 106-475, 114 Stat. 2096 (2000) (codified as amended at 38 U.S.C.A. §5102, 5103, 5103A, 5107 (West 2002)) became law.

This law redefined the obligations of VA with respect to the duty to assist and included an enhanced duty to notify a claimant as to the information and evidence necessary to substantiate a claim for VA benefits.

This law also eliminated the concept of a well-grounded claim and superseded the decision of the United States Court of Appeals for Veterans Claims in Morton v. West, 12 Vet. App. 477 (1999), withdrawn sub nom. Morton v. Gober, No. 96-1517 (U.S. Vet. App. Nov. 6, 2000) (per curiam order), which had held that VA could not assist in the development of a claim that was not well grounded. This change in the law is applicable to all claims filed on or after the date of enactment of the VCAA, or filed before the date of enactment and not yet final as of that date. VCAA, § 7(a), 114 Stat. at 2099-2100; see also Karnas v. Derwinski, 1 Vet. App. 308 (1991). The regulations implementing the VCAA were adopted on August 29, 2001. 66 Fed. Reg. 45,620 (Aug. 29, 2001) (to be codified as amended at 38 C.F.R §§ 3.102, 3.156(a), 3.159 and 3.326(a)).

[john999]

I don't believe the VA has ever defined what they mean by substantial gainful employment. I think they keep it elastic so they can bend the concept to fit the claim. If you are making 7 bucks an hour at Burger King and working full time then I bet they consider you to have substantial gainful employment. Even if you are living in your car.