C &p Question.....if You Cant Work..

[c&p man]

ok i noticed on all my c and p exams as well as the research on bva cases they always ask how much work has it cuased you to miss?>>> what if like in my case i havent worked since 2004 jan..... i am on ssa since then so would i say it has casued me to miss 200 days a year or that it stoped me from working completely? for example 50% for migrains is economical loss as well as function and since i cant work at all?

[broncovet]

If you beleive that you can not work due to Service Connected conditions, then you should apply for TDIU.

[Philip Rogers]

I would tell them it's caused you to be unable to work since 2004. As broncovet suggested, you should apply for TDIU.

pr

ok i noticed on all my c and p exams as well as the research on bva cases they always ask how much work has it cuased you to miss?>>> what if like in my case i havent worked since 2004 jan..... i am on ssa since then so would i say it has casued me to miss 200 days a year or that it stoped me from working completely? for example 50% for migrains is economical loss as well as function and since i cant work at all?

[c&p man]

I would tell them it's caused you to be unable to work since 2004. As broncovet suggested, you should apply for TDIU.

pr

tdui? alittle confused i am only 50% this is different than the 70 % or higher thing? i am concused a little

[Philip Rogers]

If your service-connected disability causes you to be unable to work you can get TDIU. See 38 CFR 4.16(b) below:

pr

TITLE 38 - PENSIONS, BONUSES, AND VETERANS' RELIEF

CHAPTER I - DEPARTMENT OF VETERANS AFFAIRS

PART 4 - SCHEDULE FOR RATING DISABILITIES

subpart a - GENERAL POLICY IN RATING

4.16 - Total disability ratings for compensation based on unemployability of the individual.

(a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment. For purposes of this section, 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. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination. (Authority: 38 U.S.C. 501) (b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

[40 FR 42535, Sept. 15, 1975, as amended at 54 FR 4281, Jan. 30, 1989; 55 FR 31580, Aug. 3, 1990; 58 FR 39664, July 26, 1993; 61 FR 52700, Oct.

8, 1996]

tdui? alittle confused i am only 50% this is different than the 70 % or higher thing? i am concused a little

[broncovet]

It takes some time to figure out the VA system. In the mean time, do not worry about your percentanges, go ahead and apply for TDIU, let the VA worry about whether or not you meet the regulations, or are eligible under 416.b

The critical thing, for now, is your effective date.

You see, you can get retro benefits back to when you applied.

What that means to you, is that waiting to apply will cost you about $2800 per month, or almost $100 per day, if you are approved. Dont delay, file today, and you will have lots of time to sort out the rest. JMHO.

[carlie]

broncovet,

As c&p man's profile shows, they are currently SC'd at 50 %

so it would not cost them that hole 2k and change - only the difference.

carlie