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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Individual Unemployability


Question

Hello,

I am 60% service-connected with my largest percentage being in the mental health area. I applied for IU and had a few questions about the process and my chances of approval. I was recently approved for Social Security Disability retroacted from my onset date of April 2011. There findings were solely based of my VA medical records. I was also recently deemed unfit to continue with vocational rehabilitation, because of the problems with my illnesses and learning disabilities. My vocational rehabilitation counselor has written a letter of insolvency that was sent to the VA.

Given the fact I was approved for SSD based off my VA records and can't complete vocational rehabilitation, are my chances pretty favorable for IU? Also, does anybody know what the C & P's are like with an IU claim. I would greatly appreciate any advice, help and guidance anyone can provide me. Thank you!

Steve

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Your vocational rehab statement IMHO is what will do the best for you. I fought for four years on same thing and once VOC rehab said I could not use their services it took four months for decision.

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  • HadIt.com Elder

"Given the fact I was approved for SSD based off my VA records and can't complete vocational rehabilitation, are my chances pretty favorable for IU?"

Yes, if the SSA award was solely for the SC conditions you have now and if VA is aware of, and obtains the SSA findings.

"I was also recently deemed unfit to continue with vocational rehabilitation, because of the problems with my illnesses and learning disabilities. My vocational rehabilitation counselor has written a letter of insolvency that was sent to the VA." If the letter reveals your SCs hindered your ability to complete oc Rehab, yes that is very good evidence of TDIU as well.

Also VA needs to consider the side affects of any SC meds you take, that could hinder gaining substantial employment.

The TDIU C & P worksheet is here available under a hadit search.

Edited by Berta
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You did not post the one opinion which matters most: Your docs. Did he/she say, to the effect, you are unable to maintain substantial gainful employment due to SC conditions?? If he did so state, your chances are good. If not, you are likely going to need an IMO/IME to get IU.

This being said, I agree with Berta that SSD's interpretation of your medical records, that is, them awarding SSD for SC conditions, is important, maybe even probative.

Edited by broncovet
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it will have a lot to do with how bad is your PTSD and is that the only thing SSA looked at to grant SSD, if your PTSD rating is 30% and you have numerous 10% and 20% issues which combine to your 60% you will have a hard time regardless to get TDIU the raters will not stretch the awards that far. Seldom does the SSA grant SSD on a 50% or less PTSD award, there are normally numerous other medical issues and many of them are not SC and the VA will NOT compensate you for those, you have not provided anough information for anyone to give you a rational discussion on merits of YOUR TDIU claim being granted or denied.

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You did not post the one opinion which matters most: Your docs. Did he/she say, to the effect, you are unable to maintain substantial gainful employment due to SC conditions?? If he did so state, your chances are good. If not, you are likely going to need an IMO/IME to get IU.

This being said, I agree with Berta that SSD's interpretation of your medical records, that is, them awarding SSD for SC conditions, is important, maybe even probative.

Thank you for the replies! Yes, I have had a VA neuropsychologist state in my medical records many times that it's not feasible for me to work and/or attend school because of my service-connected illness/difficulties and side effects from my medications.

"It will have a lot to do with how bad is your PTSD" I am at 50% for my mental health (PTSD, Bi Polar, anxiety and adjustment disorder); 20& for back and 10% for knee.

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