Got 70%, Now I Need Advice For Iu

[neferaM]

Hello brothers and sisters!

Now that I got awarded 70% service connection, I want to apply for IU. I have always taken pride in earning a living for myself and my family, but due to my conditions, I am having a really hard time. I am currently working. I got that job back in February after 2 years of being unemployed. I am not performing well at work and mentally is giving me a beating. Is a very stressfull job and the noise in the plant makes my heart pound like an Apache's ceremonial drum. To keep it short. Can I apply for IU even while working? the job was my only source of income until my claim went through, but if I quit, I won't be able to make it financially. At the same time, I know I will quit soon, regardless I apply for IU or not because the job and the people there are driving me insane. Any advice? Should I wait until I quit to apply for IU? please, don't take this a me trying to get paid for sitting around, that's not the case. I take pride in making a living, I just know I can't mentally and emotionally do it anymore. I preffer to be able to IU and volunteer for a cause, even help other veterans.

[notapb1]

I'm just going to relate what I know as fact and my own to date experience.

You can not apply for IU while working. I do not know how long you have to be off work to be eligible to apply.

I basically went through the same experience as you. I had what I'll call a complete melt down 2 years ago. I was on disability from work. After a time that ran out and my employer gave me a good severance package. (20 plus years) I applied for Social Security Disability. Because I was 62 I could receive retirement benefits, based on my last 3 years income, while waiting for an answer from SSD. I received my approval for SSD a chunk of money into the bank, minus my retirement amount. Ironically the SSD approval gave more weight to my VA Psychiatrist then any other information.

I too was hesitant in applying for IU as I didn't feel I wanted that as a reason for not working and naturally my ego was involved. After speaking to my Counselor, people in group and naturally my wife this is the feedback I was given. The last 40 plus years were up and down. Believe me I'm over simplifying, but would fill a book with all. What hit me the most was what they called quality of life for the time I have on the green side. I owed myself, wife kids etc. better. Do I make a decent living at 80%(70 for PTSD/10 for Type Two Diabetes) plus SSD yes. Should I make more and know I can fully pay my bills and travel with my wife, most definitely. I've also been told if I'm not a picture on a wall until after 10 years, when I do pass my wife will get a % for her lifetime. She just turned 50 so it's damn worth it!

As of this date I am still waiting for a yes or no, 9 months later.

That my brother is my experience.

[Philip Rogers]

I don't know what your ratings are for but you should request an increase, stating that they've gotten worse. If your award was within the past year, you should file a NOD. You can file for TDIU while working but you probably won't win. I helped a friend about 15 yrs ago, win TDIU, but the VA wouldn't pay until he stopped working. He worked at a paper mill for about 28 yrs and had 2 meltdowns at work. I suggest you not quit but just wait until they fire you. jmo

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[Gastone]

Check out 38 CFR regarding TDIU. I was awarded IU recently after DRO "Informal Hearing." If your still working, any special considerations your employer is making for you, will come into play. The number 1 issue will be, are you earning above the VA "Gainful Employment" limit. This is the income listed each year by the Feds as the "Poverty Level Income" for 1 person. Currently approximately $12,5 or so. Get educated on TDIU now! Apply for VA Vocational Rehabilitation as soon as possible. If Voc Rehab determines you are unable to participate in the VA Voc Rehab Program, a "Denial Letter" will be a piece of GOLD. This "Denial Letter" is the prime piece of evidence regarding your inability to do "ANY" type of "Gainful Employment." Good Luck.

Semper Fi

Gastone

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