hypertension Filed For Tiud But Still Working

[Meloal]

I am service connected for multiple disabilities including; diabetes type 2, lumbar disc disease, peripheral neuropathy in both legs and a hearing loss. I also have been diagnosed for hypertension but not yet rated. The combination of these conditions are making it very difficult for me to maintain my job of 26 years. Everyday I suffer great pain in my back and feet to the point that I just feel like walking away from the job. I recently filed for unemployability but fear the claim will be denied based on me still trying to work. I am afraid to resign or quit at this point because of my financial situation. Do I have to my job in order to support my claim? Do anyone have any thoughts or experience to share on this subject?

Mel

[jbasser]

You cant be working to get IU.

You need a Doc to take you off of work and you may get some other disability benefits as well like Long term disability.

You should file for SSD or SSDI if under 62.

J

[Teac]

I am service connected for multiple disabilities including; diabetes type 2, lumbar disc disease, peripheral neuropathy in both legs and a hearing loss. I also have been diagnosed for hypertension but not yet rated. The combination of these conditions are making it very difficult for me to maintain my job of 26 years. Everyday I suffer great pain in my back and feet to the point that I just feel like walking away from the job. I recently filed for unemployability but fear the claim will be denied based on me still trying to work. I am afraid to resign or quit at this point because of my financial situation. Do I have to my job in order to support my claim? Do anyone have any thoughts or experience to share on this subject?

Mel

You do need a doctor to state that your unable to work.. not just any doctor, but a doctor expert in the are of back injuries.... even then you might have a hard time getting IU if your working....

[71M10]

No need to fear about your claim being denied. It will be!

I am curious, why would you file a claim for Total Disability based on Individual Unemployability when you are still currently employed?

You have filed a claim with the government for benefits only available to someone who is unemployed. By your own post, you indicate you were not and are still not unemployed. By your own admission you have filed a false claim against the government.

You might want to do a google search on Keith Roberts, the Feds jailed Mr. Roberts on wire fraud. The crux of his case was the Feds rounded up and talked to people 30+ years after an accident and since no-one could remember him they charged him with fraud and convicted him (even thought the duty logs clearly indicate he was working on the flight line when the accident occured).

I am sorry if the tone of this is overly harsh, but these are the types of claims that allow people to scapegoat disabled veterans.

I am sure you are in pain every day, I have had spinal arthritis for 26 years now and in the last couple of years picked it up in my feet. Recently other medical problems have caused them to withdraw all my NSAIDs medication and I react to opiods. It sucks!

You really do need to get a strong medical opinion from a qualified physician covering all your disabillities and be sure to have them fill out the VA form for each of those disabilities. I suspect when the realize you were working when you filed the claim they will do one of two things. They may just make a quick and dirty decision denying you for TDIU since you are currently working (let us hope that is what they do). Or they may look into each and every one of your ratings seeking an excuse to reduce them to push you under the threshold for TDIU. Hopefully you have held most all of your current ratings for at least 5 years (that will make it more difficult for them).

Edited December 28, 2012 by 71M10

[Berta]

http://asknod.wordpress.com/2012/01/18/roberts-v-shinseki-a-miscarriage-of-justice/

In this latest Asknod update, it reveals again a little bit of how intricate this situation was.

I discussed this case with Bob Walsh and Leone many times........

I do feel this was an exceptional situation and that VA would not go to these lengths again at all with any veteran.........but I often seem to remain on the fence , after studying the evidence and reviewing this case for years.

Still -I do consider the Roberts issue as a scapegoat issue and vets should be aware of it.

I think they will simply deny the TDIU issue here for this vet or,instead, possibly award 100%......dont know

[deanbrt]

the claim has no chance. in my opinion. He needs to show some period of unemployability...

[FormerMember]

<<<<<<<<<<<<<<<the claim has no chance. in my opinion>>>>>>>>>>>>>>> Au contraire, ma cher. VA jurisprudence only dictates he will lose at the Puzzle Palace. The outcome of Steve Hamer's appeal to the Fed, Circus may reverse what the CAVC has decided on the subject. Always remember, It must be meaningful employment in order to be denied. Employment to while away the hours with no meaningful wage or consistency (read as working only when actually, physically possible) is not considered employment in the context of TDIU. See the following:

http://www.uscourts.cavc.gov/documents/Hamer_07-3181_published_opinion_July_27.pdf

Mr. Hamer subsequently appealed to the Fed. Circus on November 9th, 2011: http://asknod.wordpress.com/2011/11/08/fed-cir-hamer-v-shinseki-hes-baaack/

I believe this will be the last word on what constitutes "meaningful employment" vis-a-vis TDIU, Whether being employed when in extensive pain is considered "viable employment" and mostly whether someone who is at the end of any meaningful employment can raise the issue in preparation or anticipation of incipient unemployment is the question. Why does one have to face financial ruin for a set period (one year) in order to prove he is unemployable or "underemployable" due to rated disabilities? An interesting concept and one that bears Meloal keeping the iron in the fire while awaiting the outcome of Mr. Hamer's case.

As for VA's potential retribution, a letter timely submitted by Mr. Meoal explaining this enigma to them would go a long way towards justifying the filing and avoiding the jackbooted OIG thugs. 71M10 raises a point but Mr. Roberts, by all outward appearances, portrayed his circumstances differently when confronted. Had he stayed with his original story rather than claiming an alternate PTSD stressor as justification for keeping his rating, we might not be so familiar with his name or his plight. In any event, his incarceration and subsequent divestment of his ratings was patently designed as a warning shot across the bow of would-be fraudulent filers. Surely no one can argue that.