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]

Asknod, Your really are correct. But you are talking very long term and possibly CAVC action. Years down the road.

Then you have to NOD and go to the BVA. They dont have the comprehension so they also will deny it and finally it gets to court.

Then it gets remanded with opinion back to the BVA and they keep passing it back and forth because they dont agree. In the mean time the vet retires or quits working and files for 100 percent and it becomes a moot point.

At the RO. lets face it. If you are working, an IU claim is 99 percent dead in the water.

J

[kymike]

I agree with JBASSER about the chances for this TDUI claim while still working. I strongly disagree with 71M10 suggestion that fraud is being committed. Where is the fraud? This Person told the VARO that they were working. Sorry, I just think planting fear in a person for trying to file a claim is not helpful.

Here is my suggestion:

1. Have your treating Dr. give clear and accurate work restrictions.

2. If your work can't accommodate your restrictions or the amount of time spent off work, have them fire you for medical reasons.

3.File for SSDI and resubmit for TDUI.

4.File for unemployment.If they accept that you were fired for medical reasons they can approve your claim.You must actively look for work. Nobody says you can't keep looking for jobs with the same physical demands that got you fired in the first place.If you have a valid claim this will buy you time for you disability claims to maybe get approved.

I was on leave without pay from the Federal gov. and nobody bothered to tell that I could draw unemployment because they wouldn't let me work on light duty.

Just my opinion. It worked for me.

[Stretch]

I totally agree with Jbasser first post. If your doctor takes you out of work then you are not employed. He can further determine if you are unemployable. If he determines you are unemployable then you would be able to apply for IU. This is just the way the system is.

As far a Keith goes. This was a very terrible incident that he witnessed and participated in while in Italy. Later he said he was not only in Naples Italy but in other places that he was not. This was a terrible choice for him to make that concerned himself and his family. Keith has been in jail for several years now. I would like to hear when he gets out. Last I heard he was still on appeal about this mess that he had gotten into.

[Berta]

For anyone interested ----Keith Robert's Petition was shot down by the Supremes:

http://www.veteransnewsnow.com/2012/03/14/veteran-awaits-word-from-u-s-supreme-court/

His Federal Circuit Court case is here under a search:

http://www.ca7.uscourts.gov/

And his CAVC Cases are here:

at

http://search.uscourts.cavc.gov/search/

1. . 05-2425 (Quick View | Details | Similar)
STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 05-2425 KEITH A. ROBERTS, APPELLANT, V. ERIC and dissenting in part. GREENE, Chief Judge: Veteran Keith A. Roberts appeals through counsel an separate compensable ratings for dysthymia and depression, (3) dismissed Mr. Roberts' motions that various

29 Apr 2010
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2. . 05-2425 (Quick View | Details | Similar)
STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 05-2425 KEITH A. ROBERTS, V. APPELLANT, action may not be cited as precedent. Veteran Keith A. Roberts appeals through counsel an

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3. . 05-2425 (Quick View | Details | Similar)
Veteran Keith A. Roberts appeals, through counsel, a secondary basis for several other conditions. Mr. Roberts argues for reversal of the Board's determination

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4. . (Quick View | Details | Similar)
No. 05-2425 Keith A. Roberts,

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5. . 05-2425 (Quick View | Details | Similar)
STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 05-2425 KEITH A. ROBERTS, V.

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6. . 05-2425 (Quick View | Details | Similar)
STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 05-2425 KEITH A. ROBERTS, V. APPELLANT,

I caught something from 2012 at the CAVC which might be a pending CAVC case he still has.Havent had time to read the entire docket on that.

I have know a few vets who did what he did regarding their claims ----Throw a lot on the wall to see what sticks. This is not some dumb man,.... Roberts won a CUE claim, but you have to consider the many nuances of what went on here.....lots to it all.I fault the VA, the VSO he had, and the veteran himself.

[deanbrt]

"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:"

Part of the rating is mental. No chance for TDIU if he has recent work history.. If it were all physical and the employment marginal, maybe

[71M10]

I agree with JBASSER about the chances for this TDUI claim while still working. I strongly disagree with 71M10 suggestion that fraud is being committed. Where is the fraud? This Person told the VARO that they were working. Sorry, I just think planting fear in a person for trying to file a claim is not helpful.

Here is my suggestion:

1. Have your treating Dr. give clear and accurate work restrictions.

2. If your work can't accommodate your restrictions or the amount of time spent off work, have them fire you for medical reasons.

3.File for SSDI and resubmit for TDUI.

4.File for unemployment.If they accept that you were fired for medical reasons they can approve your claim.You must actively look for work. Nobody says you can't keep looking for jobs with the same physical demands that got you fired in the first place.If you have a valid claim this will buy you time for you disability claims to maybe get approved.

I was on leave without pay from the Federal gov. and nobody bothered to tell that I could draw unemployment because they wouldn't let me work on light duty.

Just my opinion. It worked for me.

TO BE CLEAR I DID NOT SAY HE COMMITED FRAUD. I indicated he filed a false claim, the false clamis act is in 31 U.S.C. Even if you file a false claim in error without criminal intent you are liable. There are some protections for veterans in 38 U.S.C. (that were ignored in the case of Roberts). Was I Trying to plant fear in a person trying to file a claim, you bet I was! A veteran who is working, filed a claim for TDIU, every veteran in the same RO that has filed after him gets to wait behind this dead/zombie claim. He indicates he has a hypertension claim pending, he is rated at 80%, unless he has no individual rating at 40% or above they must consider him for individual unemployability as part of his current claim.

I can empathize with his situation, I understand the issue/s of chronic pain, but filing a claim for unemployability when you are still working only screws things up more!