Title 38 Pensions, Bonuses, And Veterans' Relief

[betrayed]

Title 38 Pensions, Bonuses, and veterans relief

I have spent allot of time reading this. I would venture to say most of us who have read this have read only Part 4

Last night Icould not sleep so I sat up reading the laws. WOW I learned some stuff!

Like for example

under § 21.52 Serious employment handicap it states Requirement of determination of serious employment handicap. A separate determination whether a serious employment handicap exists shall be made in each case in which an employment handicap is found. (Authority: 38 U.S.C. 3106(a)) Serious employment handicap exists. A veteran who has been found to have an employment handicap shall also be held to have serious employment handicap if he or she has:

1. A neuropsychiatric service-connected disability rated at thirty percent or more disabling; or

2. Any other service-connected disability rated at fifty percent or more disabling.

Considering that I am considered to have a serious employment handicap it seems like I could use this to my advantage to get some increases.

and like

Duty to notify claimant of inability to obtain records.

(e) Duty to notify claimant of inability to obtain records. (1) If VA makes reasonable efforts to obtain relevant non-Federal records but is unable to obtain them, or after continued efforts to obtain Federal records concludes that it is reasonably certain they do not exist or further efforts to obtain them would be futile, VA will provide the claimant with oral or written notice of that fact. VA will make a record of any oral notice conveyed to the claimant. For non-Federal records requests, VA may provide the notice at the same time it makes its final attempt to obtain the relevant records. In either case, the notice must contain the following information:

(i) The identity of the records VA was unable to obtain;

(ii) An explanation of the efforts VA made to obtain the records;

(iii) A description of any further action VA will take regarding the claim, including, but not limited to, notice that VA will decide the claim based on the evidence of record unless the claimant submits the records VA was unable to obtain; and

(iv) A notice that the claimant is ultimately responsible for providing the evidence.

(2) If VA becomes aware of the existence of relevant records before deciding the claim, VA will notify the claimant of the records and request that the claimant provide a release for the records. If the claimant does not provide any necessary release of the relevant records that VA is unable to obtain, VA will request that the claimant obtain the records and provide them to VA.

(Authority: 38 U.S.C. 5103A(B)(2))

(f) For the purpose of the notice requirements in paragraphs ( and (e) of this section, notice to the claimant means notice to the claimant or his or her fiduciary, if any, as well as to his or her representative, if any.

(Authority: 38 U.S.C. 5102(, 5103(a))

[66 FR 45630, Aug. 29, 2001]

They didnt tell me they couldnt or didnt get my private medical records even though I filed out 12 releases! Seems like the broke the law, oh I forgot the VA is above the law :)

THERE IS SO MUCH INFO AVAILABLE, YOU ARE DOING YOURSELF A INJUSTICE IF YOU DONT READ THIS AND EDUCATE YOURSELF

Edited March 4, 2006 by FLHRCI

[john999]

You can get the VA to put the serious employment handicap in writing if you apply for vocational rehabilitation. They will make that determination and you can use it for your TDIU. I did this. When Voc Rehab determines you are not a good candidate for their services it means you are probably not going to be employable. Now you get to use their own words against them.

[betrayed]

You can get the VA to put the serious employment handicap in writing if you apply for vocational rehabilitation. They will make that determination and you can use it for your TDIU. I did this. When Voc Rehab determines you are not a good candidate for their services it means you are probably not going to be employable. Now you get to use their own words against them.

EXACTLLY

I did apply for voc rehab and am in an extended evaluation, had a ILP in home thing. Meeting with Voc Rehab Counselor again next week. Now with the serious handicap label I am gonna use it to my advantage. I am not gonna apply for IU though. I am gonna try to get 100 % schedular, I dont want to wait until Oct 2007 for my full concurent as I am a retiree drawing retainer pay.

[Angela]

When I applied for VocRehab the counselor said I they didn't think I could handle the college workload due to depression and I would have to get a psychiatrist to say I could handle it before they'd let me go. I just gave up. Then when I got my rating it was only 10% for major depression and 60 percent for another issue, totalling 80 percent after all the other 10% ratings were added.

Would the VocRehab records have stated "Serious Handicap" without my asking about it? and Would I be able to use that now - 3 years later? I have not worked or gone to school since that time.

[SLEDGE]

When I applied for VocRehab the counselor said I they didn't think I could handle the college workload due to depression and I would have to get a psychiatrist to say I could handle it before they'd let me go. I just gave up. Then when I got my rating it was only 10% for major depression and 60 percent for another issue, totalling 80 percent after all the other 10% ratings were added.

Would the VocRehab records have stated "Serious Handicap" without my asking about it? and Would I be able to use that now - 3 years later? I have not worked or gone to school since that time.

Angela,

At 80% you should ask the VA for TDIU to start with.

While they fiddle around wondering what to do, go back to voc-rehab and get that wording fixed-up.

It will play a part in the consideration of the TDIU.

sledge