Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

Advertise Here contact us

  • 0

Good Evidence Or No?


Question

I received 2 letters from Voc-Rehab today. 1st letter: I stopped action on your claim because it appears employment is not feasible and you do not need independent living services. We reviewed your record and determined your employment abilities along with intensive medical treatment do not make it practical for employment. 2nd letter: As your vocational rehabilitation counselor, I have made a determination that it is not feasible for you to benefit from a program designed to return you to gainful employment or receipt of independent living services. And it goes on to say, "Because I am denying you participation in a return-to-work program, I am required to provide you with your appellate rights. So is this good evidence to appeal my TDIU denial and SSDI denial? Or do I need more?

Link to post
Share on other sites
  • Answers 35
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

Okay, so I e-mailed my Voc Rehab counselor yesterday with my request and then again this morning better outlining what I was looking for. To my surprise, he e-mailed back this morning and said he could help with the letter,but that my case wasn't closed and he is waiting for some funding to free up so that they can schedule an in-house assessment for ILS. Then he called a couple of hours later and after talking things over, he said he would call VARO and speak with whomever is looking at my claim. Does this sound positive to anyone?

Me too Carlie Mosh Kosh

You are 80% now - so there MUST be an impact of your SCs on your Voc Rehab situation.

I would write the letter as Carlie said and ask him to define clearly whether or not your SCs impact on the denial of Voc Rehab.

And if not- what kind of medical rationale can he document for you to justify that they don't.

Do you see a VA shrink or just the LCSW?

"You reported that you are having difficulty functioning because of your emotional instability and medical regimen, including medication."

If the emotional instability and medication regimen is due to your SC disability and it's SC meds-

he should state that in his report.

Link to post
Share on other sites
  • HadIt.com Elder

To me it does sound positive!

Link to post
Share on other sites

I received another letter from my Voc Rehab counselor saying: As your vocational rehabilitation counselor, I have made a determination that it is not feasible for you to benefit from a program designed to return you to gainful employment due to your service connected disabilities. However we will be providing you an evaluation for Individualized Independent Living Services. Is this in addition to TDIU or am I now waiting for them to do this evaluation before they move forward with my claim for TDIU benefits? My counselor has advised me over the phone that my case is not closed and they are waiting for funding to do the ILS eval.

Yes it sounds POSITIVE! Have Faith and everything will work out in the long run!

God Bless!

B6

Link to post
Share on other sites

I received another letter from my Voc Rehab counselor saying: As your vocational rehabilitation counselor,

I have made a determination that it is not feasible for you to benefit from a program designed to return you to gainful employment

due to your service connected disabilities.

However we will be providing you an evaluation for Individualized Independent Living Services.

Is this in addition to TDIU or am I now waiting for them to do this evaluation before they move forward with my claim for TDIU benefits?

My counselor has advised me over the phone that my case is not closed and they are waiting for funding to do the ILS eval.

scout,

This looks good. I would make about 10 nice, crisp, clear copies of this to keep

in my files.

Also scan and put on a disc if possible, with other things of importance.

This evidence can also be used for an SSA claim, if you have one.

I believe the IU should be adjudicated separately from an Independent Living evaluation

as these are separate benefit issues.

I do not think the VARO is even in the loop to make a decision on you receiving any Independent Living benefits

unless those benefits are denied and you somehow appeal them.

I would also submit a copy of this additional letter (for support) on your issue of IU.

Yes, I know you were told,

"he said he would call VARO and speak with whomever is looking at my claim."

That's all well and good - but it's verbal !

It needs to be of record in writing in your claim.

I would have it there pronto (with proof I submitted it) as they have not yet finished adjudicating this issue.

JMHO

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Similar Content

    • By slangpdx
      Asking if a TDIU filing can be rescinded by the vet before a ruling.  No editorial comments please, just asking for a yes or no from someone who knows for sure. 
    • By daniel rendon
      i just got 100% disability and i am trying to find out where to get a card or is there a card that will show i am 100% disabled.  do i need this to use the commissary?
    • By sally
      I have had 80% total and permenant TDIU for nine years.  I see recommendations to continue until 100%.  I really do not want to deal with it unless there is a benefit for my wife.  Regrettably, It is really stressful to deal with it.
       
      Thank you
    • By mb76
      I know that SSDI for SC disabilities means near automatic approval of TDIU but not the other way around. Does that mean that I should try to get SSDI first? If so, do you know of any good SSDI resources and forums? Thanks.
    • By DolphinJoe
      I have the 21-8940 filled out (Vet application for increased compensation based on unemployability). The VA letter I received says to include the 21-4192 with it, IF POSSIBLE, completed by the employers identified on the 21-8940.
      Why does it say "if possible"? Do they want it or not?
      I'm not sure I can even get my former employers (3 of them between 2012 and 2017) to fill one out or even exactly where to send it to them to fill out. Can I just send 3 forms to the VA with the name and contact info of each of those three employers? 
      Do they HAVE to have the 21-4192?
      Confused here.
       
      Anyone?
      Thanks. 
  • Ads

  • Our picks

    • Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!

      My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.

      Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
        • Like
      • 13 replies
    • I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even  reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and  nothing about stressor,
    • This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.

      VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
        • Thanks
        • Like
      • 7 replies
    • I don’t say thank you enough to all of you...
      You, yes you, are the reason HadIt.com has remained a resource-rich resource. Thousands come each month to read, ask questions, or to feel a sense of community.

      Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction.

      You all made that possible. Thank you.
        • Like
      • 8 replies
    • Help HadIt.com stay online buy a subscription
      If you can afford it and want to help hadit.com consider buying a subscription this gives you as free viewing of the site and allows me to budget in subscription payments.
       

      You can try it for 1 month for $5 or get a monthly subscription or a yearly subscription.

      Subscribe here https://community.hadit.com/subscriptions/
        • Like
      • 6 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines