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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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  • 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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TF 4-67

Unemployability

Question

Hello, I'm currently over all 80%( 70 PTSD, 20 Shoulder, 10 Finger, 10 Sins)....I was initially denied "unemployability"...however a month after I was denied, I was approved  for Social Security Disability for my PTSD( first time go, no lawyer, no hearings to attend). I submitted a "reconsideration" in Sept 2016...its currently at the "prep for decision" phase.....I received and complied with the following message form the va .."You may be entitled to compensation at the 100 percent rate if you are unable to secure and follow a substantially gainful occupation because of your service-connected disabilities. If you believe you qualify, complete, sign, and return the enclosed VA Form 21-8940, Veterans Application for Increased Compensation Based on Unemployability"

 

My question is how likely do you think I will be approved for Unemployabiltiy

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I think it highly likely they will approve you for TDIU or 100% ,because  as you said the SSDI awarded solely for PTSD.

But one thing about reconsiderations...they do not stop the NOD one year NOD clock.

Reconsiderations now have their regs in M21-1MR.

We had a vet rep a few years ago who tried to tell us a Recon request stops the NOD clock.I gave him numerous BVA deisions re: reconsiderations,  whereby BVA denied the claim because the NOD was not timely filed.

And we had a lawyer member who tried to tell us years ago there was no such thing as a Reconsideration.

There certainly is. 

When you get their decision on the TDIU, let us know how they handled the EED.

What was the SSA EED?

My husband's EED from SSDI (he filed in 1993 under a SSDI reconsideration) was the last day he was employed-Nov 1991.

When VA finally awarded his 100% for PTSD, he had been dead by then for almost 3 years.They did give him the same favorable EED.Nov 1991.

Was VA aware that you had filed for SSDI? Maybe not as it went fast for you. 

I am just mentioning all this to make sure the VA properly determines the best EED for your TDIU award.

SSDI is,in essence ,an independent medical opinion.It only becomes problematic for TDIU claims if SSDI throws in a NSC disability.

My husbands SSDI PTSD award was solely based on his VA Medical records.It took only a few months.

VA had been farting around with his claim for 100% (he died at 30% PTSD) for over three years.

It reflects how incompetent the VA can be.

 

 

 

 

 

 

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8 hours ago, TF 4-67 said:

Hello, I'm currently over all 80%( 70 PTSD, 20 Shoulder, 10 Finger, 10 Sins)....I was initially denied "unemployability"...however a month after I was denied, I was approved  for Social Security Disability for my PTSD( first time go, no lawyer, no hearings to attend). I submitted a "reconsideration" in Sept 2016...its currently at the "prep for decision" phase.....I received and complied with the following message form the va .."You may be entitled to compensation at the 100 percent rate if you are unable to secure and follow a substantially gainful occupation because of your service-connected disabilities. If you believe you qualify, complete, sign, and return the enclosed VA Form 21-8940, Veterans Application for Increased Compensation Based on Unemployability"

 

My question is how likely do you think I will be approved for Unemployabiltiy

IMHO, an IMO from your psychiatrist stating your unemployability and Voc Rehab denial statement(s) wold be your best options.

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Voc rehab and/or Psyche opinion on how your conditions affect unemployabilty is the only real route to TDIU in your case. SSI decisions, while they have to be considered, are not controlling. The decision of the administrative law judge at the SSA “cannot be ignored and to the extent its conclusions are not accepted, reasons or bases should be given therefor.” Collier v. Derwinski, 1 Vet. App. 413, 417 (1991). See also Webster v. Derwinski, 1 Vet. App. 155, 159 (1991); Sammarco v. Derwinski, 1 Vet. App. 111, 112 (1991); Gilbert v. Derwinski, 1 Vet. App. 49, 56-57 (1990)

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I disagree. Because SSDI involves an independent medical opinion.Of course a VOC Rehab turn down solely due to SC and a Psyche letter would help but I had neither when I pursued my dead husband's SC claim.

Make sure VA knows of the SSDI award.

I am unaware of any claim in which the VA did not accept a SSDI award ,solely based on established SC(s), as proof of unemployability.

 

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I almost forgot the VA awarded also 100% P & T under Section 1151 posthumously for a 1151 stroke my husband had that involved his initial SSDI award. We filed for reconsideration with SSA because they did not consider his PTSD.The SSDI award for PTSD came a few months later...it didnt change the fact that the 1151 stroke also had completely disabled him.

Twenty years after the 1151 stroke the VA properly rated it as 100% P & T. Due to a CUE and a battle.

My evidence list was quite long and included  the original SSA award, the Reconsideration award, and also he was found unfeasible , after 4 years in VOC Rehab due to the 1151 stroke.

I even had as evidence a letter from a former VA secretary, his student loan waiver, and multiple other pieces of evidence.

The biggest problem was that the VA resolved the CUEs in 2012 but the director of the Buffalo VARO, by phone and email tried to get  me to believe that the 1151 100% stroke was Total...but not Permanent....WTF????? How dumb do they think we are?

If a vet dies with a 100% continuous disability whether under 1151 or direct SC, obviously it was permanent in their lifetime. (unless somehow they cured the 100% disability but forgot to tell the vet they were cured- yeah right)

After a minor skirmish on the Permanent status ,and I sure would not back down on that,and I immediately filed another CUE,  the award was made very fast for 100% P & T....as all of my evidence proved anyhow.

Vets get your spouses up to speed on what they need to know for DIC because the VA knows we survivors are grief stricken, our whole world has changed, our income might suddenly be very limited without the spouses comp check, and the VA will hope we never get accurate advise from vet reps or the VA on DIC or even on any claims the veteran had pending when they died...

 

 

 

 

 

 

 

 

 

 

 

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