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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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oldsol423

Applying For Iu. Questions?

Question

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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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.

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Guest jangrin

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

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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)

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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

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Guest terrysturgis

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

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      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

      If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues. 

       

      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

      Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.

       

      Does this help?
    • Thanks for that. So do you have a specific answer or experience with it bouncing between the two?
    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

      ...................Buck
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