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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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K Solo

Granted 70% Ptsd

Question

Was granted 70% service connected combat Ptsd, I'm currently considering applying for IU but wondering how to proceed with it. Don't know if i should file a NOD or listen to the VSO Rep and do and intent to file. My window is still open to file an NOD but wondering if anyone can offer any info to help me to make a decision on how to proceed or if i should. Haven't worked since Dec 2016 and wondering if i should also apply for SSDI Benefits. Can anyone offer any suggestions or info to help me navigate through this process. Any info or suggestions would be appreciated.

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With your recent (Date ?) Award, was an "Inferred IU Claim" mentioned?

Your recent PTSD Forensic DBQ helped get you the 70% Rating. What elements of the PTSD 100% Rating listed in the 38 CFR 4, do you contend were not taken into consideration?

Just because you haven't worked since 12/2016 isn't evidence enough for an IU Rating. Being out of work, unemployed by choice or chance is not a qualifier for IU.

Raters look at your education, work experience, and for current compelling evidence that would preclude you from being capable of "ANY FORM of SEDANTARYWORK" that would provide in excess of the VA SGI $12,400 ($11,400 over 65) yrly.

You need a professional Employment Councilors opinion as to your current unemployability.

Apply on E-Ben for the VA Vocational Rehab Program. Within a couple weeks you'll meet with a Voc Reh Counselor (VRC), discuss your PTSD and if the VRC agrees that you can't be retrained due strictly to the severity of your PTSD, will determine that you're not eligible currently for the VR Retraining Program.  The "VR Denial Letter" has resulted in many an IU Award.

Semper Fi

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I agree with Gastone  he has  some good information.

Best of all get into  VA Voc-Rehab!

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Did the VA know you are now unemployed?

If so they should have made a statement regarding TDIU....and even enclosed the 21-8940 form for you.

I assume that you might have become unemployed after you filed the claim and didnt let them know.

By all means file for SSDI.

If SSDI solely awards for PTSD, that will be prime facie evdience of TDIU.

Meantime if VA awards TDIU upon receipt of the TDIU app, that is prime facie evidence for SSDI.

The SSA works a lot faster than the VA does.

They-SSA-awarded in mere  months for my husband's PTSD ( He had 30% VA SC rating-Vietnam Combat vet)

VA awarded 100% P & T for SC PTSD.....he had already been dead for almost 2 years by then.

Make sure that SSDI learns of any TDIU award you get and make sure VA knows of any SSDI award you get-if it is Solely for PTSD.

 

 

 

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Berta what was your husbands PTSD rating when he was awarded 100% P&T for SC PTSD. I was recently denied TDIU but was awarded an increase in my PTSD rating to 70% . Part of the Statement of Case with regards to my NOD stated that I had not filled out VA form 21-8940 so TDIU was denied.

Im in the process of filling that form now. I also had been recently denied Vocational Rehab Training and was put into the ILP program  I believe VR was denied due to my service connected disabilities . The ILP program deemed that there wasn't any services that could be offered me at this time. Im appealing the Statement of Case and submitting VA form 21-8940. 

Can you offer me any advice?  Thank you.

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Roc; "I believe" doesn't cut it. What exactly did your VR Denial state as the Appealable reason for the Denial of VR Services? How about posting a redacted copy of the VR Denial Letter and the IU Denial Letter and the PTSD C & P DBQ? Therein, lies the necessary information to mount a successful Appeal.

My DRO Hearing DRO (Informal Hearing) told me while we were discussing how pleased I was that he was Awarding me IU, that I would be surprised the number of Vets that apply for IU and are Laid off, out of work due to self-termination or being fired for non-SC issues.

The 70% PTSD SC isn't a guarantee of an IU Award, as you recently became aware of. We really need to see the DBQ and the IU Denial Letter.           Semper Fi

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