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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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eddingtons

Do I Need Second Sc Disability

Question

HI.

I was awarded 70% for Bi-Polar Feb 2010. I recently submited 21-8940 to increase to TDIU since my bi-polar has effected all my jobs in the past five years and I have not worked since Dec 31 2009. My VA doctor noted in my chart that I was unemployable. Today I visited the Louisville Ky office of to check on the status of two of my children who were not added to my case when the other four were.. vet rep said they were sitting in limbo..well actually the term was filebase but he helped to fix that situation.

While I was there I questioned whether my DAV rep was correct in telling me that I could not file for 100 Perm and total and TDIU that I had to choose one or the other. The veteran service rep explained that no I didnt have to choose but that if you qualify for PT you obviously would not need TDIU. That part made sense what did not make sense is that he told me I would not qualify for either since I only have one SC disability. He told me I would have to have at least one more even if it was only 10% before they would even look at me for either TDIU or PT. Strange thing is that when I received my 70% award letter there was a 21-8940 form included.

Is it correct that no matter what you have to have two separate SC disabilities?

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No, it is not true, the two requirements for applying for TDIU are:

Being unable to work as a result of the Service Connected disability.

and

Having (1) Service-Connected disability of at least a 60% rating, or having two or more Service-Connected ratings combining for at least 70% with one being rated at least 40%.

Send the 21-8940 TDIU form in ASAP.

Also, if you disagree with the 70% rating, you may file a NOD within ONE YEAR of receiving the award. To file a NOD, send in a Statement in Support of Claim 21-4138 and tell them that you feel that you a qualified for a higher rating because you meet the criteria for the higher rating (in this case, it would be 100%).

Welcome to HadIt!!!

Edited by Bonzai

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Guest terrysturgis

Bonzai and I are on the same boat, file for TDIU yesterday as you have not been able to work. Also if you can not work, go for Social Security Disability. Good luck.

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I'm a former Veteran Service Officer for the state of Virginia.

If your going to file a notice of disagreement, you do not want to file right away. You should take 3-4 months and go back to revisit your doctor(s). Have them perfom the exams that you went through for your C&P. Have them write in their notes that your worse than what you have been awarded. Do this if you wish to get a higher rating.

If you wish to file a Notice of Disagreement you should request certian things. You should say the following:

I wish to file a notice of disagreement with the rating decision dated MM/DD/YYYY.

I wish to have my claim appeal adjudicated by the Decision Review Officer (DRO).

I wish to appeal issues:

1.

3.

5. etc.

(Use the numbering system in the rating decision, DO NOT USE your numbers)

I have been going to the XXXXXXXXXXX VAMC from MMDDYYYY to Present for all my medical treatment(Use new dates from which you went to this location after you submitted your DVA claim)

If necessary, I am available for an examination for rating purposes.

Your attention to this matter is appreciated.

****************************************************

If you don't ask for the DRO, you could have your claim sent to the Board of Veteran Appeals. If you file right away, the rating will be the same. Personally, if your filing for IU (not TDIU), your claim will go faster. All an appeal will do is 1. get you a higher rating (not necessarly 100%) and 2. Your payment will be backdated to your date of claim. If you file a claim for IU, do it NOW. If you file in January, they will pay you from the 1st of February 2011. Don't wait any longer than the last five days of this month to give the postal service time to get your application there. If you wish to fax it (this is the number to the Ronoake Va RO (it still gets in the system so don't worry that it isn't your RO) 540-598-1792. This will ensure the timelyness of your claim.

If you get 100%, check out your state benefits and see if you qualify for them with 100% IU. Best of luck.

No, it is not true, the two requirements for applying for TDIU are:

Being unable to work as a result of the Service Connected disability.

and

Having (1) Service-Connected disability of at least a 60% rating, or having two or more Service-Connected ratings combining for at least 70% with one being rated at least 40%.

Send the 21-8940 TDIU form in ASAP.

Also, if you disagree with the 70% rating, you may file a NOD within ONE YEAR of receiving the award. To file a NOD, send in a Statement in Support of Claim 21-4138 and tell them that you feel that you a qualified for a higher rating because you meet the criteria for the higher rating (in this case, it would be 100%).

Welcome to HadIt!!!

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Oh WOW. another VSO from Kentucky passing out bad adavice. I am amazed.

a: The IU regs are clear. One service connected single disability at 60 percent.

b: A combination of disabilities at 70 percent with the main disability or one at 40 percent.

If a VSO tells you this , ask them to put it into writing.

It seems this Rep needs to be re trained.

J

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Filing a Notice Of Disagreement has to be within ONE YEAR of the date you received the letter. I became alarmed when I saw that the award date is FEB 2010, leaving only a month to file a NOD. But if FEB 2010 is the Effective Date and you have just received the letter, then you have more time. But please follow the format posted by etihwr, as it is excellent advice and will guide the Decision Review Officer by the hand through your disagreement.

I had a NOVA lawyer help me with mine, and he did it pro-bono. However, that seems to be a rarity.

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