ptsd Tdiu Denial- Sheltered Income From Self-Employment, "gainful"?

[Gastone]

09/2012 denial, inferred TDIU claim (08/2011) denied due to $14,400.00 income from part time, (2-3hrs per day) self-employment income. No discussion in denial decision regarding self-emplolyment income consideration or sheltered employment consideration.

. SC 90%. PTSD 70%, Sleep Appnia 50%, CAD 30%, Tinnitus 10%.

NOD filed 09/2012 DRO with hearing requested. Pending, no status as of 2/23/14. Specificaly refered to section of 38 CFR 4 relating to income from self-employment, sheltered employment and income of diabled veteran compared to non disabled individual in veterans community with comparable employment. Supplied copy of VA Vocational Rehab determination letter 10/2012, ineligable for Voc Rehab due to severity of my SC conditions.

[john999]

Have you considered hiring a lawyer? Is there an exact limit on self-employment income for a TDIU vet? If your income is passive no problem. If you file SSA tax then I know the VA looks at that. I have passive income, but this is not a problem for TDIU. It is earned income as you know. I know about sheltered employment, but regarding earning above minimum level for self-employment can you educate me? I have been TDIU for 12 years. I would love to be able to earn money via self-employment if I could. I fear if I reported that income I would be getting a letter from VA either proposing lose of TDIU or a new C&P exam.

John

[stillhere]

Are you receiving SSID?

Stillhere

[john999]

Stillhere

If our bro is receiving SSDI he is probably in hot water already with income of $14400. I am pretty sure that is above minimum.

[Gastone]

No to ssdi, all stated income was from Part-time selfemployment. I have spoken to experienced VA Appeals attorney and been assured that I will evenually prevail on appeal. The key is in 38CFR 4 regarding marginal income as it is considered in a sheltered employment situation such as, self employment. The clock ticks on!

[Gastone]

TDIU UPDATE: Had my DRO Hearing 06/27/14 for 1st NOD filed 2010, not related to IU. DRO said because I opted for "Informal Hearing" of 2010 NOD, he would also address my 2012 IU NOD that wasn't scheduled for the 6/27 hearing. Walked out after 35 min, all major issues from 2010 awarded and IUUUUUUUU awarded back to 11. A very GOOD day in DETROIT!

I think the "DRO Personal Hearing" is the way to go on all Comp Appeals. I've read where Pissed off vets want nothing more to do with their local VARO and decide that a BVA hearing is the only way to go. Could I have gotten a faster Hearing with a BVA request, I don't think so. It appears that most of the 2014 BVA Decisions I've looked at are anywhere from 4 to 6 yrs old, with a lot of Remands thrown in. Not Good. I don't recall any BVA Decision that I've reviewed ever rolling in another pending Appeal. At the very best, I would still be waiting for my 2012 IU BVA Hearing, had I gone the BVA Route.

Semper Fi

Gastone

[georgiapapa]

Congratulations Gastone.

Semper Fi