Filing a new claim that also includes a formal TDIU request....
In my original claim, I provided a lay statement showing I had marginal income for the past three years and listed the number of hours I did various activities related to my contract with an online school. My hope was that VA would see the marginal income statement and infer a TDIU (this was before I discovered you can actually file a TDIU claim).
There are a few questions that come up because of the kind of work I did. The C&P shrink stated, "He is able to function on this job because he is required to interact with others online only". That should be seen as a work limitation IMO since there are very few meaningful full-time jobs that are "online only". Combined with the sleep apnea (fatigue and daytime sleepiness documented in DBQ and sleep studies), it should be obvious I can't do a triditional desk job "out there".
So what is considered WORK? When I was working, I was well within the range of "marginal employment"... So, if you're actually only working 13 to 22 hours weekly, is that work for TDIU purposes? If you put in an additional 20 hours sporadically trying to find additional opportunities, is THAT considered work for TDIU purposes?
For the current TDIU claim, it should be a moot point since I'm no longer employed at all... Dr. Bash thinks there might be a CUE in the original claim since they did not infer based on a 70% and a 50% rating (the higher one is for GAD).
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Snake Eyes
Filing a new claim that also includes a formal TDIU request....
In my original claim, I provided a lay statement showing I had marginal income for the past three years and listed the number of hours I did various activities related to my contract with an online school. My hope was that VA would see the marginal income statement and infer a TDIU (this was before I discovered you can actually file a TDIU claim).
There are a few questions that come up because of the kind of work I did. The C&P shrink stated, "He is able to function on this job because he is required to interact with others online only". That should be seen as a work limitation IMO since there are very few meaningful full-time jobs that are "online only". Combined with the sleep apnea (fatigue and daytime sleepiness documented in DBQ and sleep studies), it should be obvious I can't do a triditional desk job "out there".
So what is considered WORK? When I was working, I was well within the range of "marginal employment"... So, if you're actually only working 13 to 22 hours weekly, is that work for TDIU purposes? If you put in an additional 20 hours sporadically trying to find additional opportunities, is THAT considered work for TDIU purposes?
For the current TDIU claim, it should be a moot point since I'm no longer employed at all... Dr. Bash thinks there might be a CUE in the original claim since they did not infer based on a 70% and a 50% rating (the higher one is for GAD).
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Philip Rogers
As long as you stay under the poverty level (around $8k-$9k) per yr, you should be good. Personally, I don't feel someone can work "if they're really disabled" and receiving disability. Why risk los
Gastone
Snake Eyes: The following is my Readers Digest version of my recently DRO Hearing award of IU T & P this past 6/27/14. I've been a 90% SC Nam vet since 2011. My original "Inferred TDIU claim" deni
Snake Eyes
Thanks for the info. I have another possible issue. When I opened the claim by phone, I talked about severl issues. When CSR suggested making an informal claim via that call, it looks like he only
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