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Should I Apply For Iu?

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Meloal

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My first post here, been using this website for information for years. Here goes. I was an employee with the Department of Veterans Affairs for the past 4 years. Recently, I was approved for FERS disability retirment based on my service connected Sleep Apnea and depression which is pending service connection. Overall, I am 80% based on hypertension 0%, bilateral pes planus 0%, ankle impingement right 20%, left 10%, bilateral chrondomayagia patella 10% each knee, lumbar strain 20%, sleep apnea 50%. Currently, I have claims for major depression, IBS, appeal for tinnitus, migraines and a BVA appeal for the bilateral pes planus. I am not sure if I should try to continue working in a civilian capacity and see how I do or apply for IU now. I want to try and work until I am sure I cannot, but I don't want to mess up a future IU claim. Any opinions?

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  • HadIt.com Elder

How old are you? If you are over 50 and 80% you probably ought to go for IU since it will be difficult to find work if you could not hack your civil service job.

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I suggest you work as long as you can, and only after you can no longer work should you then apply for IU If you can work, but apply for IU instead, then you can bet the VA will find out and deny you.

The VA sniffs out every piece of negative evidence, and, if they cant find any, they make it up. This is why about 2/3 of BVA decisions either award or remand benefits....the VA made up reasons to deny, and the Board overturns the made up reasons.

The Chief Justice of the Supreme Court, Roberts, said the VA takes a position against the Veteran that is "substantially unjustified" 70 percent of the time:

http://legaltimes.typepad.com/blt/2010/02/roberts-startled-by-government-errors-in-vet-cases.html

This means if the VA cant find any negative evidence, they make stuff up.

Edited by broncovet
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I'm guessing you were turned down for SSDI?

I've applied for a OPM DR, SSDI and TDIU.

SSDI was approved in less than two weeks.

Still waiting on the other two.

My condition, lumbar back, is such that I'm unable to work. I've been on LWOP since the end of July.

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I'm guessing you were turned down for SSDI?

I've applied for a OPM DR, SSDI and TDIU.

SSDI was approved in less than two weeks.

Still waiting on the other two.

My condition, lumbar back, is such that I'm unable to work. I've been on LWOP since the end of July.

What is OPM, and how did you get your SSDI back so fast?

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OPM is Office of Personnel Managment.

It's the Federal agency that handles things like retirements.

The way I got my SSDI back so quick was to apply on-line. When they set the paperwork I got it filled out and back in the mail the next day.

The VA sent them my records in less than a week.

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I am service-connected for multiple disabilities including: lumbar disc disease, Ptsd, diabetes type 2, peripheral neuropathy in both legs and a hearing loss. I have hypertension that has not been rated yet. The combination of these conditions are making it very difficult for me to maintain my job of 26 years. I recently file a unemployability claim with the VA, my fear is that they will deny my claim based on my present employment but I also fear resigning from my job because of my financial responsibilities. Can anyone give me their thoughts and experience.

Mel

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