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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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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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Billielea

TDIU Question

Question

History: I was increased to 70% last week from 50%. When I filed the latest claim I included TDIU. According to the VSO, it was not considered because I also have an open appeal that includes TDIU. I have not worked since I returned from Iraq in 2004 except to finish out my National Guard enlistment until 2007 because of my issue's. I have never had a Dr. give an opinion that I cannot work.

Question: I have a MH appointment tomorrow at the VA clinic. This will be with a Dr. that I have never seen before. Should I ask him for a medical opinion as to whether or not I can work? Any advice would be appreciated.

 

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To get TDIU you need a medical opinion that you are unable to maintain substantial gainful employment due to SC condiitions.  I have no idea if that doc will render such an opinion.  

You can ask tho, and see what he says. 

 

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At my VA DRO "Informal" Hearing 06/14, the DRO & I were discussing IU qualifications, after he had advised me that he was awarding my IU from 12. He said that the VA gets a large number of IU Claims from Vets that are just out of work, on unemployment and/or are under employed. In general, none of these Vets meet the IU requirements, primarily being their SC precludes them from being capable of doing even Sedentary work that "COULD" provide earnings in excess of the VA SGI $12,400 if under 65 yr. That's $238.46 per week, $5.96 per hr for 40 hrs, an unlivable wage I'd say but that's the number.

Is your MH SC for PTSD 70%? You could request that a VA Psychiatrist in your VMC MH Dept complete a PTSD DBQ. VA Directives back in 14, stipulated that your treating Psychiatrist or Psychologist PhD, couldn't complete the requested DBQ, they had to hand off your request to another Psychiatrist that was not involved with your MH treatment. VA realized a Vet could get pissed of at his Dr for a bad DBQ. Use your MHV Secure Msg to request the PTSD DBQ.

Lastly and as far as I'm concerned, the most important thing you could and should do is, apply to the VA Vocational Rehabilitation Dept. In as little as 2 meetings, a Professional VA Employment Councilor could determine if you are "Currently" Unemployable and unable to do even Sedentary work, which would qualify you for an IU Rating.

The VA Voc Rehab Denial Letter, submitted as N & M Evidence, got my DRO IU Award.

Semper Fi

 

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