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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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Penelope

Thinking About Filing For Tdiu

Question

I think I have posted this is the wrong place, so I am re-posting it here.

I am trying to figure out whether I should apply for Permanent and Total and Unemployablity and when I should do that. Your thoughts are appreciated. I was rated at 60% for Chronic Fatigue Syndrome in 1994. At the time of the rating, the decision states that "extra scheduler evaluation is not necessary". They had also considered granting a 100% rating. I also had other medical conditions mentioned in the decision. In 2012, I was unable to continue working due to increasing medical issues. On my doctor's advice, I retired. It was not a medical retirement, I had my time in and was eligible. I also filed for Social Security Disability. The hearing decision has not come back, yet. I don't understand what is meant by extra scheduler evaluation not necessary." After thinking about the last statement, I think they didn't consider because they didn't have to as I was still working. I think I need to wait until 2015 to file the claim so that my 60% rating is protected. Is this correct? Thanks for your thoughts.

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You need to remember that the longer you wait to file, the less retro you're going to get if it's awarded. I don't think I would wait to file (if it were me) I'd do it as soon as I could.

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I feel you should file for TDIU now. If you get SSDI in the meantime that evidence will help with the TDIU. I was rated 70% back in early 2002. I had already filed for TDIU when I was 30% in 2001. If I waited for my 70% to be protected I still would not have TDIU plus P&T, plus housebound. That is hundreds of thousands of dollars difference as Infantry 10 says. Unless you have recovered from CFS I would file.

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Thank you for your responses. I am just afraid that they will try to take my rating away. I am within 1 year for it to be protected. It took me almost 6 years to have that granted. Physically, I am in no shape to go through all that again. It is going to take me a while to get a claim together to submit, as well. I am also trying to learn more about this entire process. Thank you for taking the time to answer my post.

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John999 -- I see that you are in Tampa. Have you heard of or have had any dealings with a group of lawyers from Stetson that are supposed to help Vets with claims? I remember reading about it in the St. Pete Times probably a year or so ago. Thanks.

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No, but there are quite a few lawyers in the area that will take a vet's case. There is a website that shows which lawyers are recognized to practice at the court of vet appeals. I would pike one of these guys. You can google "VA Lawyers" and probably get the site. I have a lawyer doing my claim. He is from New Jersey. Your lawyer does not have to practice in Florida. You can hire a lawyer after you file a NOD. They usually want 20% of your retro. They like to take TDIU claims because it means lots of retro.

Do you work at all? I was fired from my job at the post office when I filed for TDIU. I was only rated 30% at the time. All I knew was that I was going to get money from the post office, SSA and the VA if it killed me. I ended up taking a extensive tour of the disability programs including workers compensation, SSD, VA, OPM and private disability insurance.

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