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Posted

I am 11b20, vietnam 67&68... I am SC 50% Ptsd- 10% wounds(burns)- 10%tinnitus. I have been seeing a shrink for about 2 years and he has had me on different medications for Ptsd, sleep, depression,panic attacks etc. I have a Gaf of 37 for my last visit to the skrink.. He filled out a PTSD Disabilities Work Capacity Evaluation. He stated he felt i was not employable . I also went to a private Psychologist who stated i am unemployable All of the medicines he has perscribed me have side effects. I have applied for IU at the suggestion of my claim rep. DAV...I have not held a steady job for many years. (my wife and son started a lemonade concessions in my name at some street festivals and events a few years ago to give me some social security credits. ( I just received a letter from the VA stating things that they wanted from me:: statement to us as to the type of work you performed, amount of time you lost from work for the year prior to you becoming too disabled to work due to your service connected disabilities, and number of hours per week worked. They also need documentation(copies of tax returns, etc) . showing the gross and net amount of income for the year prior to you becoming too disabled to work due to your service connected disabilities.)

The only work i perform is sometimes to wash equiptment when my wife and son comes home from festivals. I actually do no work in this business, and never wanted too: The gross for 2005 was near $9000.00 and net income was like $700.00 after expenses. The business was quit after the 2005 year and i have had no income for 2006. I am stating in my statement of claim that i have no business in my name for 2006.

MY Question Is:: Is the business that my wife an son started in my name going to hurt my chances of being awarded IU? I would also appreciate any advice on how to answer the questions that the VA wants concerning work that i do in the business.::::: ALSO: The VA has said that in conjuction with your current claim , you are being scheduled for a VA examination. I suppose this is another C&P exam? What kind of questions might i be facing for this exam ? Thank you.....

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  • HadIt.com Elder
Posted

I don't think that amount will hurt you. In the future have your wife and son set up businesses in their own names. When you get IU you don't want to have anything to do with earned income. Be the very silent partner. Just never mention the word "work" to the VA ever again.

Guest jangrin
Posted (edited)

oldsol423,

My husband was self employed for 27 plus years. When his disabiities got so bad they interfeared with his work he was forced to sell his business and walk away. Because he had no disability insurance and no state unemployment we knew we had to do something for income.

We started another business. Mostly me, but his NAME was on it too. He didn't do much but tried to help. This went on for 1 year before he sold his regular business and 1 year after the business was sold.

During this time my husband applied for SSDI and VA.

The key here is fill out the forms and state exactly what you did or did not do as far as your involvment in the work. If the business was not making more than about $600. to $700. per month and if your involvment was minimal because of your disabilities, SSA and VA will accept that. Because of the low income it is not considered gainful employment.

However, you will have to have physicians and medical records showing you were actively seeking care. This backs up the point that you tried but were eventually unable to work in the family business and your wife and son did the brunt of the work. They usually consider the self-employed a reliable historian regarding self-employment and work history.

You may have to provide financial records etc. and family statements confirming your limited participation.

If you can't work, you can't work, whether it is being self-employed or working for someone. You still have to prove it with medical records and doctors statements and opnions. The fact that the business was in your name shouldn't hurt you in this situation, if you can show you wern't actively involved.

Good Luck to you :D , I hope this helps some.

Jangrin

Edited by jangrin
Posted
I am 11b20, vietnam 67&68... I am SC 50% Ptsd- 10% wounds(burns)- 10%tinnitus. I have been seeing a shrink for about 2 years and he has had me on different medications for Ptsd, sleep, depression,panic attacks etc. I have a Gaf of 37 for my last visit to the skrink.. He filled out a PTSD Disabilities Work Capacity Evaluation. He stated he felt i was not employable . I also went to a private Psychologist who stated i am unemployable All of the medicines he has perscribed me have side effects. I have applied for IU at the suggestion of my claim rep. DAV...I have not held a steady job for many years. (my wife and son started a lemonade concessions in my name at some street festivals and events a few years ago to give me some social security credits. ( I just received a letter from the VA stating things that they wanted from me:: statement to us as to the type of work you performed, amount of time you lost from work for the year prior to you becoming too disabled to work due to your service connected disabilities, and number of hours per week worked. They also need documentation(copies of tax returns, etc) . showing the gross and net amount of income for the year prior to you becoming too disabled to work due to your service connected disabilities.)

The only work i perform is sometimes to wash equiptment when my wife and son comes home from festivals. I actually do no work in this business, and never wanted too: The gross for 2005 was near $9000.00 and net income was like $700.00 after expenses. The business was quit after the 2005 year and i have had no income for 2006. I am stating in my statement of claim that i have no business in my name for 2006.

MY Question Is:: Is the business that my wife an son started in my name going to hurt my chances of being awarded IU? I would also appreciate any advice on how to answer the questions that the VA wants concerning work that i do in the business.::::: ALSO: The VA has said that in conjuction with your current claim , you are being scheduled for a VA examination. I suppose this is another C&P exam? What kind of questions might i be facing for this exam ? Thank you.....

Tell me about your c & p for tinnitus. I go in for exam in a few days. (Nam 69/70-11ACR)

Posted
Caveman,

you stated, "Tell me about your c & p for tinnitus. I go in for exam in a few days."

I did not have a c/p exam for my hearing or tinnitus. I had hearing test at Fort Hood, and At Temple VA medical Center within a month of each other. The va accepted these hearing test as proff of hearing loss and tinnitus. My examiners also wrote statements in my records that is was as more likely than not that my hearing loss begain on active duty. And that it was as least as likely as not that the tinnitus begain on active duty. I was 11B for 6 years and 72D untill I retired. I was also involved in a jeep accident where I was out for 3 1/2 days... due to concussion.

I was never tested for tinnitus and do not think a test even exist.

I only filed for tinnitus, not hearing loss, although its not great anymore. When I called I was told it was a hearing exam. I have constant ringing that I want compensated for.

Cavman

Guest terrysturgis
Posted

Rickb is right. There is no test for tinnitus. Just tell the examiner how often it bothers you. Mine is every day and often. I like quiet. Your SMR's might show hearing loss, mine did. Most of us that have claimed hearing loss are rated at 0% but it is good to have that as in the future your hearing might get worse. Take care. Terry Sturgis

Posted

Just my thoughts a few questions asked.

As far as getting unemployability goes, the VA is basically rating you this way because you are stating that you have service connected disabilities which prevent you from working, therefore, you are considered to be unemployable. I have read where some veterans are rated this way, but still work. I am not saying that they should or shouldn't, but with the way the government is trying to reduce various ratings veterans are receiving, I would think twice about working. If you get a questionaire or the VA finds out by any other means that you are working, they could easily call you in for an exam to see if your condition has improved. Based on who does the exam, you could possibly lose some of your benefits.

As far as tinnitus is concerned, I filed a claim for my husband and he was approved and rated at 10%. I was in the examination with him and there is no exam for determining whether you have tinnitus or not. The examiner will ask you certain questions, like do you have ringing in your ears and how often do you have this. Based on the answers you give determines whether or not the doctor feels that you have tinnitus.

mssoup

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