Doctor says i can work, but havent since discharged

[Ace M]

I was medically discharged in 09 and since then i have not really worked at all aside from some random gigs. I receive 30% for cervical and lubmar strain but i had fatigue and pain, after tons of testing a decade later i was diagnosed with fibromyalgia by a neurologist but she feels i can still work.

I spent 90% of time in bed due to fatigue, i tried going back to college by taking a single 5 credit class but i would leave early and missed several classes due to fatigue and or pain. Obviously if the doc feels i can work applying for TDIU will be pointless. It may be due to my age as i am 32 and LOOK healthy otherwise.

Would a civilian doc be my only option?

I did go through voc rehab and the 3rd party job assistance person said that based on everything i told him he felt going to college would not be an option for me. So we did not continue.

[seminoles]

9 minutes ago, Ace M said:

I was medically discharged in 09 and since then i have not really worked at all aside from some random gigs. I receive 30% for cervical and lubmar strain but i had fatigue and pain, after tons of testing a decade later i was diagnosed with fibromyalgia by a neurologist but she feels i can still work.

I spent 90% of time in bed due to fatigue, i tried going back to college by taking a single 5 credit class but i would leave early and missed several classes due to fatigue and or pain. Obviously if the doc feels i can work applying for TDIU will be pointless. It may be due to my age as i am 32 and LOOK healthy otherwise.

Would a civilian doc be my only option?

I did go through voc rehab and the 3rd party job assistance person said that based on everything i told him he felt going to college would not be an option for me. So we did not continue.

Did you get an official denial from voc. rehab?  Saying you were unable to work or complete voc. rehab? 

[Gastone]

Then again. college is not the only Training for a job. You indicate that you just haven't had a full time job, side gigs, right.  If you can do side gigs that provide in excess of $12,400 per year or more, you're obviously capable of some sort of Sedentary work. "Capable of Sedentary Work," is often the basis for an IU Denial.

The other problem, at 30% SC, you're not eligible for an IU Scheduler Filing, kind of a big deal. You would have to get a VA Rater to decide you're eligible for an Extra-Scheduler IU Award Review by DC. Very difficult with a 30% Rating.

It also sounds like you withdrew from Voc Rehab without getting the "All Important" Denial Letter. To get it now, you have to refile for Voc Rehab, see a New VRC and discuss your need for the Denial Letter. If the VRC agrees, you could get the Denial Letter the same day. Keep in mind, the letter has to state that only your SC Conditions interfere with your successful completion of the VR Program and that you're unable to be trained for even Marginal Income producing Sedentary work.

Semper Fi

[broncovet]

I agree with Gastone.   

You are correct, to be eligible for TDIU a doctor ( and, preferably voc rehab counselor) needs to state that you are unable to work due to service connected issues.  

You might be able to get va pension, however. You just need to be low income to get that, and it is a lot more than just 30 percent, especially if you have family members.  You also have to have served in wartime to get pension.  I think 2009 discharge qualifies you for service when "at war" for pension purposes.  

So, if you are seeking TDIU, then yes, you need a favorable medical opinion either from another VA doctor(s) or an IMO or your TDIU application is going to be denied in all likeliness.  

[Buck52]

I would request a increase and go get an IMO from a specialist...to state your S.C. Condition has increase as severe and ask the Dr if he can make an impression about the severity of your S.C. Condition.

And like Gastone mention get back in Voc-Rehab and if they still can't find you anything you can do b/c of your S.C. Condition   Ask your counselor to write you the IU Letter  that your unfeasible to retrain at this time due to your S.C. Disability...Also apply for SSDI.

I understand threes no cure for FIRBO and it only gets worse  so start your paper trail Now.

To be eligible for IU with the Extra Scheduler Bump  you need to have a S.C. Rating of 60% or more   unless special circumstances are involved.

 when a Veteran don't meet the 100% rating and is under 100%  and his disability is the cause he can't work or do the work he was trained to do  then they use the extra scheduler rating.   it pays the same as 100%

Also Age is not a factor to decide IU.  Its decided on the severity of your S.C. Disability & unable to do any type of sedentary work.

jmo

[Buck52]

http://www.benefits.va.gov/BENEFITS/factsheets/serviceconnected/IU.PDF

[Gastone]

Bronc, he's pulling Comp at 30% SC. To the best of my VA Pension knowledge, you can't get both.

At his age, I think it comes down to his MD/DO Specialist and the VRC Denial Letter confirming he is or ain't currently capable of even Sedentary Work.

42 "Side Gigs" 3.5 per month @ $300 per, puts him over the SGI for under 65 ($12,400).

Semper Fi