tdiu what happens when you sign up for Independent Living.

[Rocket1949]

I recently went to my vocational rehab orientation and when I meet my VRC they told me that I didn't qualify for employment training/schooling. They said I would be recommended for independent living. They sent me home with some homework and I am supposed to research a few things I was interested in. I have approximately 18 months of benefits remaining. Wasn't clear what that meant.

Im hoping that Asknod jumps in here and offers insight. Does anyone have knowledge of the independent living program? Does this indeed mean I have been granted Independent living? Are there more steps  to take before it is granted or denied? If it has indeed been granted would this have a direct effect on a TDIU claim?

Anyone with information or experience  to share would be greatly appreciated.

   Thanks

[FormerMember]

To clarify, once you are identified via the 28-1900 intake for ILP, they will do the needs-based assessment. When they write up a "ILP plan" it will be on the VAF 28-8872 Individualized Independent Living Plan or IILP. This will discuss what you will be given. Since you still haven't supplied me with any assessment of what your rated disabilities are, I find it impossible to advise you on what the VR&E folks will do-or can do.

Remember also, the new M 28R is defective. I just proved that. They said a greenhouse was never going to happen in 2011. Chapter 9 revised says they have limited "avocational" assets. It's simply not true. There are 2,700 slot authorized every year with no dollar limit. My greenhouse is going to go over $150,000.00.  Last year they only used up 1,426. Each year, the ILP grants go  down. Congress authorized this in 1980 for us Vietnam GI Joes missing some paint and parts.Nothing has changed. Congress has never said you cannot have a mobility device such as a tractor or riding lawn mower. That is a fabrication of VR&E and unsupported by statute or regulation ( 38 CFR 21.160-.162). Know the law and recite it back to them when they say no. I'd say you have an excellent chance of getting a digital photo lab or the like if your disabilities are physical in nature. Not so much if it's PTSD but one never knows. You have to shape your claim to the circumstances of your condition-i.e. you are not going to have success asking for a bass fishing boat if you're a paraplegic.

[Rocket1949]

Thanks asknod. I've been trying to update my profile. A work in progress. I'm rated at 80% . 50% PTSD, 40% hearing,10% tinnitus,10% scars.

I'm appealing the PTSD rating and TDIU. I'm hoping if I get ILP that it helps me with TDIU. My primary objective with Vocational Rehap was to get a rating that helped with my TDIU. If I'm granted anything else for ILP that would be beyond comprehension.  Thanks for the insight. I've read your previous postings and find your input valuable.

Thanks.

[FormerMember]

R/T. The "infeasible for work" assessment will be the first hurtle. The VARO sometimes make a determination that the sum of any one disability at 40% or greater but less than 60%,  combined with others to make 70% or greater is the threshold measure to IU-but it isn't. It's merely one of the requirements to get there to be considered for IU.  PTSD @ 50 % is not a disqualifier for work, per se. Combined hearing loss with a 40+10 hearing rating (basically all one disability) again, is not a single disqualifier for work. Look at all the ads for "Work at home and make $12 K a month". VA uses that logic- "the sum of the two disabilities, either together or singly, are not so onerous as to preclude work". If you have any college credits or a degree, bingo. You can work. No IU for you. Always remember that IU is an extraschedular rating and has to go through a whole new assessment by the Director of Comp. and Pen. who is notoriously a tightwad.

Think like your enemy. Assume a worst case scenario. Like my friends with the funny green beanies used to say, Always have a plan to kill everyone in the room-friend or foe. Make sure you have tactical superiority in law and regulation that permits or entitles you to what you seek. Never go fishing for a higher rating. Go for it because they owe you and maybe they just forgot. I call that my Benefit of the Doubt rule. 

Win or Die

[Rocket1949]

Awesome! Thanks asknod. Attitude is everything.

Thanks

[Gastone]

Rocket, I doubt things are that much different on the LEFT Coast, at least VA Voc Rehab/IL wise. Do you have the same Voc Reh Councilor for your IL, as you had for the Voc Rehab Determination?

Your Claim for Voc Rehab is still considered open, you've just been moved into the IL Program.

Back in 12, I applied for Voc Rehab, after a couple months of being unable to find anything, the VA Councilor wanted to close my claim due to non movement. He said at the time, he could provide me with a Voc Rehab Denial Letter, but it carried certain consequences.

He didn't elaborate on the consequences, I agreed to close my claim with the understanding I could reapply in the future. Not getting the "Denial Letter" right then, was a big mistake.

A yr later I realized my error, reapplied and saw a different Councilor. Explained to her that nothing had really changed, just needed the "Denial Letter." She reviewed my File, wrote the letter the same day.

Talk to your Voc Rehab Councilor, you may have to close out your IL Claim (it can reopened immediately) in order to get the More Important "Denial Letter."

Semper Fi

[Rocket1949]

Hi Gastone, I haven't heard yet from VRC. The counselor  that interviewed me indicated that someone else would be handling my case. If I'm in  ILP does this not generate a denial letter from VR for other benefits other than what is offered thru the ILP? 

Would not a denial letter for further VR benefits because of service connected disabilities be a strong case for TDIU?

Im probably putting to much thought into this at this stage of the process. I'm trying to get as much information as I can so that I'm better prepared. 

Im getting some great feedback from this post.

Thanks