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

[c&p man]

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

so you are saying apply for tdui now. how does it work since i have a claim in now? if it get denied is my file going to the appeals which take years? what happen to my claim now that i have in for reconsideration? if my tdui is denied and i appeal it? some one please explain to me like a 5 year old//lol ... what the negative thing about appliyning for tdui now ? i am only 50% i havent worked in 5 years... i have 4 claims for reconsiderations in now....i am just a confused right now...i read up on it but ia m still confused

[WHOLESALE]

Applying now will not hold up your other claim. Also, if you apply now you aren't jeopardizing a future appeal. It's gonna be at least 6 months anyway before the VA gives you an exam so I would go ahead and apply for TDUI. I'm currently going through this process now. I have an exam on the 29th for increase and Possible TDUI.

Jay

so you are saying apply for tdui now. how does it work since i have a claim in now? if it get denied is my file going to the appeals which take years? what happen to my claim now that i have in for reconsideration? if my tdui is denied and i appeal it? some one please explain to me like a 5 year old//lol ... what the negative thing about appliyning for tdui now ? i am only 50% i havent worked in 5 years... i have 4 claims for reconsiderations in now....i am just a confused right now...i read up on it but ia m still confused

[c&p man]

Applying now will not hold up your other claim. Also, if you apply now you aren't jeopardizing a future appeal. It's gonna be at least 6 months anyway before the VA gives you an exam so I would go ahead and apply for TDUI. I'm currently going through this process now. I have an exam on the 29th for increase and Possible TDUI.

Jay

i your denied tdui and appeal it will your file be held up in appeals? i meant for example i had ddd at 20% and lost a reconsideration and didnt file a appeal bc of the wiat came back in one year and a half and got 40%.... what i am saying is no matter what stage your file is at either intial,reconsideration ,nod,appeals....that tdui doesnt affect where your folder or file is? i dont want to get cuaght up in appeals process if i dont have to..i mean getting my other ankle 10% is for sure and if it s at appeals then it could take years insteaad of months...

[c&p man]

i your denied tdui and appeal it will your file be held up in appeals? i meant for example i had ddd at 20% and lost a reconsideration and didnt file a appeal bc of the wiat came back in one year and a half and got 40%.... what i am saying is no matter what stage your file is at either intial,reconsideration ,nod,appeals....that tdui doesnt affect where your folder or file is? i dont want to get cuaght up in appeals process if i dont have to..i mean getting my other ankle 10% is for sure and if it s at appeals then it could take years insteaad of months...

50 % for migrains percent rating is only warranted

when there are very frequent, completely prostrating, and

prolonged attacks productive of severe economic

inadaptability [emphasis added]. ok since i dont work and i am on ssd.. i had like 5 jobs during the 2003 to 2004..... so how does the severe economic thing work for me?

[WHOLESALE]

I AGREE!

50 % for migrains percent rating is only warranted

when there are very frequent, completely prostrating, and

prolonged attacks productive of severe economic

inadaptability [emphasis added]. ok since i dont work and i am on ssd.. i had like 5 jobs during the 2003 to 2004..... so how does the severe economic thing work for me?

[c&p man]

I AGREE!

agree?

[vaf]

This is from 38 CFR, Part 4, and discusses "functional impairment." Although the main consideration is the disability's impact on a veteran's ability to gain and maintain more than marginal employment, it is not the only consideration...

§ 4.10 Functional impairment.

The basis of disability evaluations is the ability of the body as a whole, or of the psyche, or of a system or organ of the body to function under the ordinary conditions of daily life including employment. Whether the upper or lower extremities, the back or abdominal wall, the eyes or ears, or the cardiovascular, digestive, or other system, or psyche are affected, evaluations are based upon lack of usefulness, of these parts or systems, especially in self-support. This imposes upon the medical examiner the responsibility of furnishing, in addition to the etiological, anatomical, pathological, laboratory and prognostic data required for ordinary medical classification, full description of the effects of disability upon the person's ordinary activity. In this connection, it will be remembered that a person may be too disabled to engage in employment although he or she is up and about and fairly comfortable at home or upon limited activity.

[41 FR 11292, Mar. 18, 1976]

Edited June 21, 2009 by vaf (see edit history)

[c&p man]

This is from 38 CFR, Part 4, and discusses "functional impairment." Although the main consideration is the disability's impact on a veteran's ability to gain and maintain more than marginal employment, it is not the only consideration...

§ 4.10 Functional impairment.

The basis of disability evaluations is the ability of the body as a whole, or of the psyche, or of a system or organ of the body to function under the ordinary conditions of daily life including employment. Whether the upper or lower extremities, the back or abdominal wall, the eyes or ears, or the cardiovascular, digestive, or other system, or psyche are affected, evaluations are based upon lack of usefulness, of these parts or systems, especially in self-support. This imposes upon the medical examiner the responsibility of furnishing, in addition to the etiological, anatomical, pathological, laboratory and prognostic data required for ordinary medical classification, full description of the effects of disability upon the person's ordinary activity. In this connection, it will be remembered that a person may be too disabled to engage in employment although he or she is up and about and fairly comfortable at home or upon limited activity.

[41 FR 11292, Mar. 18, 1976]

ok i understand tdui better now... how can i get 50% for migrians .? if i dont work on ssd... the following is for 50% ...50 % for migrains percent rating is only warranted

when there are very frequent, completely prostrating, and

prolonged attacks productive of severe economic

inadaptability [emphasis added]. ok since i dont work and i am on ssd.. i had like 5 jobs during the 2003 to 2004..... so how does the severe economic thing work for me?

i am just using this as an example when i go to my c and p exam on what to say and how to.... since my sc makes me miss 365 days a year of work...ok 265 can i say that ? i notice some people say it cuases me to miss 2 days a month or 15 days a year...i miss 265 ...

[jbasser]

I would like to know what you are drawing SSDI for. Is it more than Migraines?

If it is for other conditons including the migranes then the VA will use and yes they will use the other conditions against you to avoid paying you IU.

You must remain 1 step ahead of them at all time as they can, will and very often take advantage of vets.

J

[WHOLESALE]

That's a good question since if you're drawing for the same condition and ONLY that condition then that helps your TDUI claim. The VA will say they aren't Social Security but most of the time they do add some weight to it for SSDI.

jay

I would like to know what you are drawing SSDI for. Is it more than Migraines?

If it is for other conditons including the migranes then the VA will use and yes they will use the other conditions against you to avoid paying you IU.

You must remain 1 step ahead of them at all time as they can, will and very often take advantage of vets.

J

[c&p man]

That's a good question since if you're drawing for the same condition and ONLY that condition then that helps your TDUI claim. The VA will say they aren't Social Security but most of the time they do add some weight to it for SSDI.

jay

ok ..yea i am drawing ssa for more than migrains...back,depression,ibs,ankle,winged arm,loss of use of one hand,anxiety,panic attacks, agoraphobia,sciatiicia. knee... but va benfits are just sc migrians,ankle,back,sciaticia.......

[WHOLESALE]

You still have a good shot considering your disabilities and it looks like all your VA disabilities are in your SSD.

Jay

me='c&p man' date='Jun 21 2009, 06:00 PM' post='150590']

ok ..yea i am drawing ssa for more than migrains...back,depression,ibs,ankle,winged arm,loss of use of one hand,anxiety,panic attacks, agoraphobia,sciatiicia. knee... but va benfits are just sc migrians,ankle,back,sciaticia.......

[vaf]

ok ..yea i am drawing ssa for more than migrains...back,depression,ibs,ankle,winged arm,loss of use of one hand,anxiety,panic attacks, agoraphobia,sciatiicia. knee... but va benfits are just sc migrians,ankle,back,sciaticia.......

Holy Smoke! I'd say that's a significant list of disabilities, and more than enough to defend a claim for TDIU. Doing it with an emphasis on migraines is dicey, but spine issues and sciatica? That's another story.

What are your individual ratings for these issues?

On TDIU claims, you've got to anticipate any possible reason for a denial ahead of time, and find a way to neutralize it and turn it around in your favor. That usually means a well written doctor's IMO.

[c&p man]

Holy Smoke! I'd say that's a significant list of disabilities, and more than enough to defend a claim for TDIU. Doing it with an emphasis on migraines is dicey, but spine issues and sciatica? That's another story.

What are your individual ratings for these issues?

On TDIU claims, you've got to anticipate any possible reason for a denial ahead of time, and find a way to neutralize it and turn it around in your favor. That usually means a well written doctor's IMO.

40% ddd 10% sciacticia,10% ankle, 10%migrains