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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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Gastone,I say believe because they wouldn't give me a letter stating that services were denied due to service connected issues. When I met with my  Vocational  Councilor contractor she indicated that VR services would be denied and that I would be put in the ILP program.

She also indicated that the denial for VR training was because of my service connected issues. I put in a FOIA request for my VR records and have got a different story each time. It's almost like they are stonewalling me. I wanted to get a copy of my VR records to submit for my NOD pertaining to TDIU. I've been told that the rather is supposed to look at any VR activity so in theory that should have seen the records.

I just received my statement of case regarding my NOD which included  a denial for TDIU. I also received a separate letter telling me of my increase to 70% from 50% for PTSD.

I will work on getting the IU denial letter posted.

Thanks

 

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All VA Voc Rehab Depts should be operating off the same page. My current IL Councilor was my last VR Counselor.

You mentioned VRC "Contractor," was that an error?

Back in 2012, I was in the VR Program, after about 3 months the VRC & I both agreed it wasn't working out. He said that he could give me an "Official VR Denial Letter" but it came with negative consequences if I wanted to re-enter the VR Program at a later date, sooooo I didn't ask for it.

About 6 mos later I received my IU Denial, after which I became aware of the possible importance of the VR Denial Letter.  When I called my former VRC regarding the previously offered "Denial Letter," he said he was no longer my VRC because my case was closed, I'd have resubmit a New Claim for VR. 

I immediately filed the New VR Claim and about 3 weeks later met with my new VRC. Explained the need for the Denial Letter, she reviewed my file, had the Denial Letter within a week. That VR Denial Letter, submitted as N & M Evidence at my DRO Hearing was a key piece of evidence removing the "Sedentary Work" capability from the table. The IU was Awarded in less than 5 minutes.

File a New VocRehab Claim on your E-Ben site, get the "Denial Letter!"

Semper Fi

 

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"Berta what was your husbands PTSD rating when he was awarded 100% P&T for SC PTSD."

He was dead at 30% SC PTSD with 2 claims I became claimant on. Almost three years later they actually read the evidence (which had to have been established at time of his death with VA- and they had it all- criteria for survivors accrued claims) and awarded 100% PTSD back to 3 years prior to his death.

 

"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."

But they had to , in that letter advise you to apply for TDIU- and maybe even enclose the 21-8940 form...did they? If not it might be a CUE.

"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. "

Voc Rehab denials are prime facie evidence of TDIU if solely based on your SC(s).

That was part of my evidence ( I had to send them again all the evidence they had established already) My husband had been in Voc Rehab for years but could no longer participate solely due to his PTSD that had been excerbated by his 100% stroke caused by the VA ( 1151 award)

VOC REHAB records are not part of the Medical records and are maintained by Voc Rehab. I sent the VA a copy of the letter from Voc Rehab (which was in VA's possession at Voc Rehab) when he died.

But Gastone is Correct.....it is the verbiage and actual words of the VA that we need to see, to be properly able to opine here.

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Cripes I think I replied to Rocket but there is another vet who started this thread......:blush:

K Solo- when you were awarded the 70% what did the VA say about TDIU? Were you employed when the award came?

Buck can you remind all about the thread procedure here?????????????????????

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K Solo ,Berta apologizes are in order . I went outside normal protocol and hijacked K Solos thread.  I apologize for that. I got wrapped up in the moment and identified with K Solos post being similar to my situation. I will open my own thread and direct my questions to that thread. 

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