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.

[Ace M]

The side gigs i have done were basically less than $500 annually. I havent even done those in a few yrs as i have gotten worse. I last met with the VRC about 6 mth ago so i have contacted them again in order to get a denial. When you speak of denial, are you referring to a denial to enter the Voc Rehab program? Or a denial in regards to receiving job training? When i initially applied for Voc i went in with the intention of independent living or self employment. The counselor accepted me into the program and sent me to the job counselor anyways and has yet to respond to me in regards to IL or self employment.

I asked about self employment because i figured i could start a little coffee kiosk and hire employees to work there while i simply remained at home and did the paperwork. Working inside the kiosk would be impossible for me.

I am currently low income and receive SSI, medicaid, medicare, EBT, Obama phone. I live in a very cheap area so that is super helpful

 

When i was diagnosed with Fibro around 10/16 i met with the DAV to put in an intent to file. I have not submitted any information in yet. My claim for increase from for my cervical and lumbar is still in process since i believe 2012.

Since my doc thinks i can work, i thought about getting a Functional Capacity Evaluation, i messaged my primary and was told a specialized clinic needs to do that.

I am thinking i should get that done and pay out of pocket for the test, would you agree?

I appreciate all of the valuable information :)

[Ace M]

I spoke to my Voc Rehab VA counselor to speak about independent living. I have an appointment on the 16th. Since i am still possibly going to receive services from them, do i still get a denial letter for the job training part? Or is the denial only if i do not use the Voc Rehab service at all?

If i still go the route of getting the letter, should i explain that i have applied for TDIU and that the letter would help?

[broncovet]

You can collect the greater of pension (nsc) or compensation.  Here is how this works:

If you have ONe dependent, then your MAPI is 16,002 per year or $1408.50 per month.  This means if you have 0 other income you would get a check for $1408.50 per month.  If you have 400 per month in side gigs (average over a year), then your pension would be $1008.50 per month.  

If your 30 percent compensation also includes your spouse, you would take home $456.97.   Obviously in this example the greater amount would be your pension check of 1008.50 as that is more than 456.  

Any income you earn from gigs is deducted from your pension.  (VA comp is not deducted, because you can not get compensation if you are on pension.  They are mutually exclusive, you can get one or the other , but not both.

Dont even think about trying to lie to VA about how much you earn.  If you do, you will be collecting your pension in prison.  Remember, the no accountability VA enjoys does not pass to us..they can lie, steal, abscond or whatever and nothing happens.  But if we try it...God help us.   

Edited May 11, 2017 by broncovet

[Ace M]

Met with the Voc Rehab earlier, they are going to reopen my case and move in the direction of ILP. I will receive a letter stating that job training is not suitable for me.

The counselor mentioned pension as well. Unfortunately, i believe i was about 20 dys shy of the required 90 for the pension. Is there anyway around that?

[Ace M]

I wanted to have tons of information and an open and shut case that i cannot work when i file for fibro and TDIU, is there somewhere i can get a residual functional capacity assessment done? I know social security uses that to determine disability

[broncovet]

As I explained, in reference to pension, your MAPI (with one dependent) is 1408 per month.  VA's pension, if eligible, means your TOTAL income would be at that level.  

Example:

    You earn 500 per year (50 per month for round numbers) in your "side gigs".  You also get Social Security of 1000 per month.  In this example, your VA pension would be 1408 minus 1050 or 358 per month, which would bring your total income to 1408 per month.  

     However, it sounds like you are ineligible for pension due to not serving a minimum of 90 days.  Remember, YOU have to follow all the rules, the VA does not as they dont have accountability.  Dont expect the VA to bend any rules for you.