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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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I would like confirmation that I'm correct in my calculation that my husband is at 70% He was denied by DRO review because he is not at 70% He has been 70% for 4 years with 50% bilateral, 20% and 10%, I have used several different formats and always come up with 68% which would be 70%.

A little background. He was a Veteran Benefit Rep in Kentucky. In July, 2010 he had surgery on his left foot, screws and plates were put in and his ankle was fused. The Kentucky Department of Veteran Affairs denied his request for time off for surgery and recovery, He was desperate to get pain relief so he took retirement with only 10 years of service. He was given 3 months of 100%, however his foot was not healing and he needed extended recovery but was denied without having the required exam. His doctor provided the necessary info supporting this, however we had a trip planned and paid for prior to his having surgery to go on vacation with our children. He rescheduled one PT appointment for our trip. I rented a scooter for him since he could not walk at all. He was denied based on missing the one PT appointment.

The surgery was considered a failure due to the screws not being placed correctly and the pain increased rather than decreased. He was/is having to take multiple medications for pain and now has a VA provided scooter, lift and ramp. He was advised to file for IU which he did and was denied. In every stage he has been denied for something different such as he could do sedentary work. There has been no consistency. I seriously doubt anyone will hire a 65 year old man using a scooter and taking medications which cause him to fall asleep every time he sits down, Here are my questions.

Am I correct that he meets the % required for IU?

Was filing a CUE the right way to go?

Would this be retro to November, 2010 when he was first denied?

The CUE was filed in May in Nashville, what would be estimated time for response?

Thank you so much for any info you can provide.

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I come up w/64%, which rounds down to 60%, using the link to the ratings calculator on the Hadit.com homepage. Remember he needn't be 70% but you must request an extra-scheduler rating.

pr

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I come up w/64%, which rounds down to 60%, using the link to the ratings calculator on the Hadit.com homepage. Remember he needn't be 70% but you must request an extra-scheduler rating.

pr

With the 50 being bilateral that would be 50+5(10% bilateral)55+9(20%)64+4(10%) = 68 rounded to 70. Where am I miscalculating?

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“The surgery was considered a failure due to the screws not being placed correctly and the pain increased rather than decreased. He was/is having to take multiple medications for pain and now has a VA provided scooter, lift and ramp. He was advised to file for IU which he did and was denied. “

Was the surgery done by the VA?

I assume it wasn't, but need to ask, because since your husband was a vet rep he knows all about Section 1151 and FTCA.

Did he file under 1151, if this was a VA medical error?

“The CUE was filed in May in Nashville, what would be estimated time for response? “

What did he file CUE on?

The VA took 8 years to resolve a CUE claim I had. They denied and I asked for reconsideration because they failed to read my legal evidence.

Long story but I asked the Nehmer people at a different VARO to address that claim as well as my AO IHD claim and they did. It took them about 3 weeks to read my legal evidence and award the CUE.

8 years at one VARO and 3 weeks at another.

W have lots of info on CUE here. They depend solely on legal errors in the decision that impacted monetarly on the veteran in a negative way.

“Am I correct that he meets the % required for IU? “

Yes, read over the TDIU regs carefully. I had a vet get TDIU with no VA SC at all.

Also my husband was 30% SC for PTSD and they granted 100% P & T .for PTSD.

Has he considered getting an IMO for the TDIU claim?

Does he get SSDI solely for the same disabilitys? This was the prime evidence in both cases I mentioned above.

If so, does VA know that?

Did VA Voc Rehab ever turn him down specifically for his SCs?

Did he,when he applied for TDIU on the 21-8940, tell VA of the side affects of his SC meds, that would hinder employability, such as 'do not take and drive, causes drowsiness, causes confusion?' and did he attach the side affects statements from his meds to the TDIU form?

“He was denied based on missing the one PT appointment. “

If he has already filed a NOD, did he tell them why he missed the appointment?

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THANK YOU SO MUCH FOR RESPONDING. I WILL ANSWER AS BEST I CAN.

Was the surgery done by the VA? YES

Did he file under 1151, if this was a VA medical error? HE DID NOT. YOU WOULD HAVE TO KNOW MY HUSBAND. HE FEELS LIKE HE IS ASKING FOR A HANDOUT AND WOULD NOT HAVE PURSUED THIS IF IT WASN'T FOR ME PUSHING.

What did he file CUE on? THE DENIAL FOR IU DUE TO NOT MEETING THE 70% REQUIREMENT

8 years at one VARO and 3 weeks at another. HIS ORIGINAL CLAIMS WERE AT THE LOUISVILLE OFFICE BUT THEY CHANGED THE RULES THAT VA REPS COULD NOT HAVE THEIR CLAIM REVIEWED IN THE STATE THEY WERE EMPLOYED SO IT WAS MOVED TO THE NASHVILLE OFFICE. THE LOUISVILLE OFFICE TOLD HIM TO FILE THE CUE BECAUSE HE DID MEET THE REQUIREMENTS.

Has he considered getting an IMO for the TDIU claim? NOT THAT I'M AWARE OF. HE WILL GO TO ANY LENGTH FOR OTHER VETS BUT HATES ASKING FOR ANYTHING FOR HIMSELF.

Does he get SSDI solely for the same disabilitys? This was the prime evidence in both cases I mentioned above. HE WAS 62 BEFORE HE HAD THE SURGERY. SINCE HE WAS DENIED TIME OFF FOR SURGERY HE WENT AHEAD AND APPLIED FOR HIS SOCIAL SECURITY.

Did VA Voc Rehab ever turn him down specifically for his SCs? NO

Did he,when he applied for TDIU on the 21-8940, tell VA of the side affects of his SC meds, that would hinder employability, such as 'do not take and drive, causes drowsiness, causes confusion?' and did he attach the side affects statements from his meds to the TDIU form? YES HE DID

If he has already filed a NOD, did he tell them why he missed the appointment? HE WAS ADVISED TO GO AHEAD AND FILE FOR IU AT THAT POINT INSTEAD OF THE INCREASE IN RATING SO HE DID NOT FILE AN NOD.

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