Doc John Posted January 5, 2010 Author Share Posted January 5, 2010 Pete, I am filling out the form 21-8940 tonight and, along with a letter naming my wife as my "fiduciary" for handling my comp checks, I will deliver it to the VARO tomorrow. You are right about trying to get the unemployability dated retro, to the 70% award, that would be August 12, 2009. I will let everyone know what happens. Thanks guys. If I hit any snags I'll call you Larry. Link to comment Share on other sites More sharing options...
HadIt.com Elder Testvet Posted January 5, 2010 HadIt.com Elder Share Posted January 5, 2010 I applied for an increase in compensation for PTSD, and a service connection for tinnitus on 8/12/2009. I had a C&P exam on December 1 for the PTSD. Today is January 4, 2010; 19 weeks after the initial application and four weeks after the C&P exam, Praise God, I got an increase from 30% to 70% for PTSD but a denial of compensation for tinnitus and hearing loss in both ears. (However, I am waiting for my brand new hearing aids to come in at the VA Med Ctr on January 22.) Along with the award is a proposed finding of incompetency. The VA also gave me a Form 21-8940 to use to apply for another increase -based on unemployability. What do you folks think I should do about applying for individual unemployability? I am attending college classes 1/2 time on Chapter 31 Benefits. My vocational rehab counselor just asked for VA to pay me at full time student rate for school based on my PTSD impairment symptoms, even though I am a less than full time attendee. School is very difficult for me. And, now, I am wondering if my Vocational Rehab benefits will keep me from being classified as unemployable? my son in laws father was in college when they determined he was TDIU they told his he had to quit college since his desire to become a teacher was now a moot point due to his physical condition having been determined to be fully disabling he was mad about it because he was afraid they would make him give back the lap top the VA paid for his classes and all of the software I told him I seriously doubted they would want back the lap top and even if they did he could apply for a new one as part of the ILP program needless to say they let him keep the laptop he is now 100% IU retired military and getting SSD what more could he want? Now he is mad that because he is IU that he can't continue college and get a job as a teacher and keep getting all of the other checks some people you are never going to make happy No being in school will not stop you from getting TDIU but once they award it they will stop your Chapter 31 benefits sounds like a fair trade to me Link to comment Share on other sites More sharing options...
Doc John Posted January 5, 2010 Author Share Posted January 5, 2010 Testvet, Thanks. I would rather stay in school for now, and IF I reach unemployability at some future date I will apply then. I understand how your son in law's father feels. I have a real desire to finish school and find out if I can get hired. I am old, stubborn, and (thank God) medicated and unarmed. I am still going to sign my wife up to handle my finances, since I am only competent enough to attend college and then be a health care provider in my new field. It is funny you mentioned the laptop. B) I was just getting ready to email my Voc Rehab counselor to see about getting one. Today Voc Rehab said that "Because we are a return to work program, even if you recieved IU, my determination with regards to employability, would be what counted for Chapter 31" and, "If you did get approved for IU, and then later became employed, it is very likely that IU would be redetermined". So, for the near future I am sticking with Voc Rehab. Now.....about that laptop, Doc Link to comment Share on other sites More sharing options...
HadIt.com Elder john999 Posted January 6, 2010 HadIt.com Elder Share Posted January 6, 2010 I think it depends on your age. If you are under 40 then trying to do the voc rehab is a good thing. If you are over 50 I would go for IU every time. There is terrible discrimination against those over 50 and if you are disabled also then jobs are scarce. I encourage any vet who believes he can keep working and being productive to do it. Get your claim shaped up so that when the day comes when you can't do it you can pull the pin and get your IU or 100% without reinventing the wheel. Link to comment Share on other sites More sharing options...
Doc John Posted January 6, 2010 Author Share Posted January 6, 2010 Excellent advice, John. You were a great help to me in getting my original award for SC PTSD and what you just said is great wisdom for anyone who will battle with VA for their rights. Stay warm, its going to be a cold night in the Tampa Bay area. Doc John Link to comment Share on other sites More sharing options...
jerrbilly Posted January 6, 2010 Share Posted January 6, 2010 This is Florida and it's FREEZING.... Excellent advice, John. You were a great help to me in getting my original award for SC PTSD and what you just said is great wisdom for anyone who will battle with VA for their rights. Stay warm, its going to be a cold night in the Tampa Bay area. Doc John Link to comment Share on other sites More sharing options...
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