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

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AFMedic09

5 Missed Calls From Regional Office Help Please

Question

I had 3 missed calls at home (all within 10 minutes) and 2 missed calls on my cell 3 minutes apart. I checked e-benefits and it says Pending Decision which is a change from Gathering Evidence. I had a few issues that were not decided in May when I got 40%. I looked in "What we still need" and saw the below.... Please explain. I have a full time job. I never said I couldn't work - so I don't understand? Also, can't they figure out I am a War time Vet from the DD214 I gave them in 2009, and my previous rating.

  • Please provide medical evidence of your permanent inability to obtain or maintain substantially gainful employment due to disability.
    Date Requested: 09/17/2012
    Due Date: 10/18/2012 help_icon.gif
  • In support of your claim for pension, we need (1) evidence showing that you have qualifying active duty service (at least 90 days of active duty, one of which was during a period of war), (2) evidence showing you have qualifying income and net worth, and (3) medical evidence showing that you are unable to work because of your disabilities.
    Date Requested: 09/17/2012
    Due Date: 10/18/2012 help_icon.gif

Edited by AFMedic09

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You did not post the image, you posted the ebenefits address of the image. Only you should be able to access it.

As to part of your questions, it sounds like the VA is considering TDIU. (They are suppost to but often neg,ected to do so in the past.)

Your DD214 should show wartime service, and possibly war zone service. I really hate the VA practice of sending out "paste up" form letters.

They often don't begin to match the actual case.

Some letters I and others have gotten would make one think that the VA has lost any previous evidence, did not bother to actually look at it, and so forth.

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I'm sorry the message said this:

Please provide medical evidence of your permanent inability to obtain or maintain substantially gainful employment due to disability. Date requested:9/17/2012 Due Date: 10/18/2012

-In support of your claim for pension, we need (1) evidence showing that you have qualifying active duty service (at least 90 days of active duty, one of which was during a period of war), (2) evidence showing you have qualifying income and net worth, and (3) medical evidence showing that you are unable to work because of your disabilities.Date Requested:9/17/2012 Date Due: 10/18/2012

I didn't apply for pension...I don't think. I just filed a disability claim. I have been waiting for these other items to be decided before I filed a NOD for some of the things I was not rated for. (PTSD/anxiety being one, which I have recently started being seen for at the VA, and placed on meds to treat) I ws allowed PTSD for purpose of treatment, but not rated. It simply said there was no evidence that I am currently being treated in reason for not rated. This was the main issue I wanted to NOD.

Also, I thought for TDIU you had to have one SC rated at 40%? I am rated 30 for migraines, and 20 for Bladder sling. (Several 0% as well) But my total disability is 40%, for those issues. Am I wrong? Does this mean they have rated me on one of the pending issues at at least 40%? Or is there no way to tell? Just checked ebenefits and there is a new claim for Non-Service connected pension. Never heard of it, but I know hubby and I make way too much for me to qualify for it. Why would they put me in for that? Any insight?

Edited by AFMedic09

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AFMEDIC09

"Why would they put me in for that? Any insight?"

They put you in for that because the workers at your regional office either don't have time to read your claim and correspondence or they are just to ignorant to understand!

My guess is someone is following a checklist, and they think that checklist is going to help ensure they get you every benefit you are entitled to. They have obviously overlooked the fact that you are employed and therefore TDIU or Pension should not be considered.

I would suggest if you are employed send them a statement in support of claim, indicating you are currently employed and you are not requesting TDIU or Pension.

Actually, when any of us file a claim, the VA is supposed to consider TDIU or pension. It appears that either the VA is not aware of your employment status or someone missed it when processing you.

On the brighter side, at least your RO is willing to consider TDIU without a written request for it.

Best regards,

Edited by 71M10

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I haven't found a VARo reachable by phone, so options are 1. Visit VARO in person 2. IRIS inquiry.

You can call the 800 number; just don't believe anything they say ;)

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Thank you! I am waiting for Peggy to call me back. Just wondering why it changed from Gathering of Evidence to Preparation for Decision. I am hoping these are the issues which had been deferred, and not TDIU or pension. I have a good job, with good benefits. Hopefully Peggy can clear this up, or the regional office will call me back today. I'll let you all know.

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