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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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yankeeinbaguio

Individual Unemployability

Question

I am 75 years old retired from the USN. I met the IU requirement with 60, 40, 20. I am am at 80% now. I filed for IU and was denied and the reason for denial is : i have reached 4th year of college and have worked as an office personnel office during my military service. I have also received electrical and technical training during my military service. VA examination results DO NOT SHOW symptoms or manifestations that are so severe to render me incapable obtaining and retaining gainfull occupation in an office setting. I am preparing a letter of consideration to my denied IU claim. What will be your recommendation and arguments to put on my letter. Who will hire me at age 75 and residing in the philippines.

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You need a medical professional opinion from your doctor, and he/she need to explain in detail why your military disabilities, makes you unable to secure employment now and the future. Age dont matter;

mobie16r

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I am 75 years old retired from the USN. I met the IU requirement with 60, 40, 20. I am am at 80% now. I filed for IU and was denied and the reason for denial is : i have reached 4th year of college and have worked as an office personnel office during my military service. I have also received electrical and technical training during my military service. VA examination results DO NOT SHOW symptoms or manifestations that are so severe to render me incapable obtaining and retaining gainfull occupation in an office setting. I am preparing a letter of consideration to my denied IU claim. What will be your recommendation and arguments to put on my letter. Who will hire me at age 75 and residing in the philippines.

Are you receiving social security retirement?

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You need a medical professional opinion from your doctor, and he/she need to explain in detail why your military disabilities, makes you unable to secure employment now and the future. Age dont matter;

mobie16r

Age does matter- unfortunately as humans adjudicate claims. Everyone is bias to one degree or anther. Some folks can shelf their bias and adjudicate claims, others not so. The doctor that gave the exam my have biased toward your claim. Nobody will actually use your age as a denial, but silently that resonates in the back of the mind.

Use the age factor to your advantage. Place the VA in a position where that is the only logical reason for the denial. To do that you have to cross out every legal excuse that they may make. Absolutely, focus on obtaining IME in regards to your S/C disabilities. Don't use your age or the fact that employment is hard to get in the Philippines in any on your communication to the VA. Your IME doctor should do the same. Its very difficult for even educated Pinoys to get "a job" let alone one that pays anything. What is it now there- it was something like 68% unemployed last time I lived there.

The R/O in Manila is known for being difficult, I know that personally. To state why would only bring my bias into this- I am better than that. So, think of winning the claims during the appeals process and do not bank on anything sooner.

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Sorry, but I'm in the other camp for age and IU. I feel that IU should stop when you are eligible for SSI. Your rating should then go to what is was before the IU. I can't see someone collecting all the extra money when they should be retired from working anyway. It's to hard to split hairs saying it's a S/C condition preventing work or just old age. I'm old enough to know that we can all agree to disagree and still get the job done.

As far as your claim, the reasons the VA gave aren't valid, but they know that time is on there side in this claim. They can keep it up for another 5 years. You will have to overwelm them with evidence from doctors/specialists and maybe at the DRO level you may prevail.

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Use the age factor to your advantage. Place the VA in a position where that is the only logical reason for the denial. To do that you have to cross out every legal excuse that they may make. Absolutely, focus on obtaining IME in regards to your S/C disabilities. Don't use your age or the fact that employment is hard to get in the Philippines in any on your communication to the VA. Your IME doctor should do the same. Its very difficult for even educated Pinoys to get "a job" let alone one that pays anything. What is it now there- it was something like 68% unemployed last time I lived there.

The R/O in Manila is known for being difficult, I know that personally. To state why would only bring my bias into this- I am better than that. So, think of winning the claims during the appeals process and do not bank on anything sooner.

poolguy,

Excellent post. Thanks for helping this vet get going in

the right direction

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