Jump to content

Ask Your VA   Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

  • homepage-banner-2024.png

  • donate-be-a-hero.png

  • 0

Applying For Iu. Questions?

Rate this question


oldsol423

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.....

Link to comment
Share on other sites

  • Answers 6
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

6 answers to this question

Recommended Posts

  • HadIt.com Elder

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.

Link to comment
Share on other sites

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
Link to comment
Share on other sites

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)

Link to comment
Share on other sites

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

Link to comment
Share on other sites

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

Link to comment
Share on other sites

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

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • RICHKAY earned a badge
      One Month Later
    • pacmanx1 earned a badge
      Great Content
    • czqiang1079 earned a badge
      First Post
    • Vicdamon12 earned a badge
      Week One Done
    • Panther8151 earned a badge
      One Year In
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use