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?

[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

[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.......