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Individual Unemployability

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Armand

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Is there anyone out there that is getting BOTH Individual Unemployability and Disability Retirement from the federal government? If so, please contact me.

Armand

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I have seen a few (3 or 4) cases where veterans did get both, so I "think" you can. If you want I will try to look up the governing regs...

I researched it and found the provisions in Title 38, Pensions, Bonuses, and Veterans' Relief. Chapter 1 - Department of Veterans Affairs part 3, Adjudication paragraph 3.710, Civil Service Annuitants.

§ 3.710 Civil service annuitants.

Department of Veterans Affairs benefits

may be paid concurrently with

VerDate Aug<04>2004 15:20 Aug 04, 2005 Jkt 205138 PO 00000 Frm 00328 Fmt 8010 Sfmt 8010 Y:\SGML\205138.XXX 205138

319

Department of Veterans Affairs § 3.714

civil service retirement benefits. However,

payments will be considered income

as provided in § 3.262 (e) and (h).

[29 FR 15208, Nov. 11, 1964]

This is what I was basing my opinion on. As John999 indicated, both can be collected. However, I have been struggling with these bastards for over a year. I know the VA is thinking I'm receiving Injury Compensation. Then, trying to talk to a service representative at the DAV in Cleveland is like trying to get an audience with the Pope. Thanks for your input, I appreciate it.

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  • HadIt.com Elder

x

x

x

Yes, you can have both TDIU and OPM retirement - as long as your total additional/other income does not exceed the poverty threshold established by Congress.

Also, a Claim for TDIU should not precede actual unemployability due to SC disability.

USAF 1980-1986, 70% SC PTSD, 100% TDIU (P&T)

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  • HadIt.com Elder

You can actually get workers compensation and TDIU if it is not for the same injury. For instance, if your SC disability is depression but your workers compensation injury is a back injury you can get both at the same time. You most definitely can get OPM and TDIU at the same time since I get OPM, SSDI and TDIU.

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You can actually get workers compensation and TDIU if it is not for the same injury. For instance, if your SC disability is depression but your workers compensation injury is a back injury you can get both at the same time. You most definitely can get OPM and TDIU at the same time since I get OPM, SSDI and TDIU.

Yes, that's correct. You must have been under FERS retirement. I cannot get SSDI because I was under CSRS.

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  • HadIt.com Elder

I don't like this not being able to get something you earned by hard work.

Veterans deserve real choice for their health care.

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john999-

I have seen cases where a vet was denied TDIU because he was already out of work due to an issue that was not service-connected. Example, I saw a case where a vet with 70% depression applied for IU, but he had previously went out on disability from his job for a back condition. VA said that the NSC back condition made him unemployable, not the SC depression.

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