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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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  • Most Common VA Disabilities Claimed for Compensation:   

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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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jdman

Federal Workman's Comp & Tdiu

Question

Well let me start this off by saying... I hope I didn't screw myself.

I am 90% SC(70% Depression, 60% CFS, 30% GERD/IBS, and 10% Hypothyroidism). I am also currently a federal employee on Workman's Comp for PTSD for tours in Iraq/Afghanistan. I have been on OWCP since Sept 2011. Been told by multiple OWCP doctors that I am totally disabled and unable to return to work.

I recently filed for IU along with an increase in Hypothyroidism and a few secondary conditions. I am trying to get to 100% like everyone else. I hope I didn't screw myself for filing for IU since I still currently have a job even though I have not worked since 2011. I filed for IU because my doctors consider both of my conditions(Depression and PTSD) as comorbid conditions and they cannot differentiate the symptoms. My VA psychiatrist lists them as both Axis I.

Just need some advice. I went for C&P on Monday for my IU. Basically the VA psychologist told me i am very screwed up and he referred me to Suicide Prevention. Did I make a mistake?

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No you did not. You should be able to go out on disability.

The Doc can take you off work indefinately which only strengthens your case.

J

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JBasser,

What worries me is that even though my Depression(Diagnosed 1997) has come before my PTSD(Diagnosed 2011) they will see that my PTSD causes my inability to work. On all of my psych evaluations it listed them both as Axis I. I still have a job because they have not separated me from employment yet. I am focused on getting treatment and getting better. I have been told by one psychologist that I may never return to work. We will see. That is why I filed for IU.

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If you receive OWCP and TDIU/100% for the same disability you will have to choose between OWCP and the VA total compensation. The OWCP will want you to pay them back if you get benefits from them and TDIU at the same time. This is tricky because if you file for TDIU and get retro there will be an overpayment. If you choose to get benefits from the VA, the friendly OWCP will send the VA a bunch of paperwork to try and get VA to recoup money they paid you while you received OWCP. Let the dog lie unless the VA demands payment is my advice. The OWCP never forgets a dime. You notice the OWCP asks you about your VA disability on the claims form you send it.

If it were me I would choose VA compensation, OPM and SSDI rather than stick with OWCP. OWCP has no concept of permanent disability. I have researched this via OWCP and VA. If you get OPM, SSDI and VA you should be ok.

John

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Its not the same disability though. That is my issue.

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For me OWCP is substantial. I was told to file for TDIU by a friend since I am not working.

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