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Tdiu And Vr&e

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hmphoto

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hmphoto Newbie

hmphoto

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Hello everyone, I am new here. I am currently rated at a total of 70%. 10% Back, 30% Migraines, 50% PTSD. I hired a lawyer to appeal the migraine and PTSD rating. When I hired the lawyer I was in my last semester of college under Chapter 31. I missed a lot of days, but was finally able to finish my degree about 2 months late.I am finished with the school part of Chapter 31. I am now in the job ready phase and have to report monthly with job search logs. The lawyer thinks I should apply for TDIU. I think I should too as I have extreme anxiety problems and migraines at least 1 day a week. I don't know what to do. If I do not get a job do I have to pay back all of the Chapter 31 benefits? Can I even get TDIU? I have an interview coming up and I'm pretty nervous about it. I would be filing for IU based on my service connected disabilities. My lawyer told me to go ahead and fill out the paperwork. I have not brought this up to my VR&E counselor because I am scared that I will get in trouble. I have had trouble with keeping jobs before I went into the chapter 31 program. Do I just tell the VR&E counselor that I am filing for IU and don't feel I can hold a job?Thanks for any advice.

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stillhere Veteran

stillhere

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Sounds to me like you best asked your lawyer.

Anytime you file for rehab they qualify you for rehab or not for rehab. There really is no in between. If they said no and suggested IL then that will help your IU claim. But it appears you went to college and finished so rehab is of the mind that you are on the road to recovery.

This all going to be based on your lawyer being able to pull a rabbit out of a hat? In other words you maybe screwed for the IU but your lawyer to get you a higher %.

If right now you are just feeling down and want to give up then that could increase your rating.

I would like to suggest you go to a vet center and let it all out and see if they can help you either way good luck to you and thank you for your service!

Stillhere

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rpowell01 Mentor

rpowell01

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You don't have to pay back Voc Rehab if medical problems are causing issues where you can't work. Vocational Rehab counselors are not medical personnel and can't make that determination, only you and your doctor can. They just look at your SC'd issue and make a determination then.

I was approved and almost made it to my third year of college but because of my SC'd issues increased in severity I had to stop a few months ago. Yesterday, after a failed ESI at C7-T1, the decision was made by me that college is now out of the picture for me and I emailed my counselor. I told her a couple of months ago that I would wait until my ESI and if I got better I would start back but since I went parlyzed for about 30 seconds and fainted during the ESI the doctor said I couldn't get anymore shots because this. He wasn't able to shoot in the steriod yesterday so it was a failed procedure.

You can only do what your body only allows you to do and if you do too much your body will pay for it severley. I kept working for 2 1/2 years after all my spine issues appeared (DDD throughout my whole spine) and that was the huge mistake because its now worse...

In my opinion go see a doctor and have them write and IMO saying you can't go back to work. That would be your strongest evidence...

Edited by rpowell01
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