Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

any advice would be appreciated

Rate this question


tylerb333

Question

I was recently SC for PTSD as a result of military sexual trauma, 70 percent, and SC for Lumbosacral strain 20 percent.  I currently have a tinnitus and hearing loss appeal in.  I filed a NOD and asked for DRO.  Additionally I filed a secondary comp. claim for obsessive compulsive disorder and hep c, SMC for erectile dysfunction.  A week later I filed a claim asking for a raise of my service  connected rating and IU.  Voc rehab recently declared me unfeasible for its program and I submitted the unfeasible letter as proof for my IU.  Have I piled too much on too quickly?  My docs at the VA are now treating me for the Hep C.  MY PTSD symptoms are out of control, and I'll be attending Bay Pines in September.  I feel entitled to this compensation especially in light of my symptoms worsening.  Any advice on my winning my claim.m  And will I have to do a new C&P considering I just had one in march?  Whatcha think guys and gals?

Link to comment
Share on other sites

Recommended Posts

  • 0

I seen this on vets law blog what you posted and also look at Hill& PONTON

Many of the blogs on our website have discussed the concept of Total Disability Due to Individual Unemployability (TDIU) or IU, and the criteria for obtaining these benefits. As these blogs have hopefully made clear, there are many different ways to obtain IU benefits.

One issue that frequently arises in this context is whether a veteran who is working is able to obtain IU. This may seem like an obvious “yes or no” answer. But of course when you’re dealing with most legal issues, there rarely is a clear cut “yes or no.” The best answer to this question is that it depends.

If a veteran is working and also claiming IU, the VA will look at the veteran’s earnings from the work. Specifically, the VA is looking to see if the veteran is maintaining substantially gainful employment. The VA defines “gainful employment” as any earnings from work that are above the annual poverty level as determined by the Census Bureau. This means that by definition, work below the poverty threshold is not considered to be gainful employment. In fact, the VA defines work below the poverty threshold as “marginal” employment. The VA regulation further provides that even if earnings exceed the poverty threshold, if the veteran is working in a “sheltered” environment or for a family business, he or she may still be eligible for IU benefits.

So, what does all of this mean on a practical level? First, it means that VA law does allow for some veterans who work to also receive TDIU benefits at the same time, depending on the circumstances. Second, it means that disabled veterans who are working should not foreclose the thought of obtaining IU benefits based on erroneous information they may have received from others that they are not eligible for IU simply because they work.

In these cases, it is important for the earnings to be examined in order to assess if the veteran is above or below the poverty threshold. A veteran can produce substantive proof earnings through pay stubs, tax returns, employer letters, and/or a Social Security Earnings Record. If the earnings are above the poverty threshold, an evaluation needs to take place to determine if the veteran is working in a “sheltered” environment. For example, if a veteran is provided accommodations or leniencies by his or her employer on account of service connected disabilities, such as excessive time off, the ability to leave work at will, etc., this may be a “sheltered” work situation. However, it goes without saying that the veteran would have to have corroborating evidence to prove that the workplace is sheltered, for example, an employer letter verifying the excessive accommodations, etc.

The bottom line when it comes to IU is that veterans and veterans’ advocates have to know the VA’s rules better than the VA does itself. The VA is not going to willingly concede that a working veteran may be eligible for IU.

you are correct after researching the issue farther but I have seen vets cut off IUwhile doing volunteering work at VA

Edited by porgee
Link to comment
Share on other sites

  • 0

I will say this if you are filing a claim for IU and you tell them you are working

under poverty level most likely it will be denied. Taxes taken out and getting paid by a check

leaves  a paper trail. Cash don't .

Edited by porgee
Link to comment
Share on other sites

  • 0

Boy, this topic started one helluva crap storm!  Didn't mean it to.  I did file the compensation paperwork on 5/22 and 5/30.  The VA consolidated the claims and I have two C&P's, June 20th, and June 22nd.  Any suggestions?   BTW  How do I let the VA know that my employment is sheltered?

Edited by tylerb333
Link to comment
Share on other sites

  • 0

Not to worry, the occasional "Crap Storm" is good for the soil, or maybe not.

The one thing that's for certain, some Vet somewhere may read your post topic and will have a better understanding of an IU Claim and the relationship of marginal Income, working as Self-employed or in a Sheltered family Business as well as being employed at a job where your employer (non-relative) makes special accommodations to deal with your SC Conditions. 

You did file the IU Claim, that what's important, especially to you.

Semper Fi

Link to comment
Share on other sites

  • 0
1 hour ago, tylerb333 said:

Boy, this topic started one helluva crap storm!  Didn't mean it to.  I did file the compensation paperwork on 5/22 and 5/30.  The VA consolidated the claims and I have two C&P's, June 20th, and June 22nd.  Any suggestions?   BTW  How do I let the VA know that my employment is sheltered?

I am glad you filed your IU and have your exams scheduled.  Wishing you the best!

Link to comment
Share on other sites

  • 0

The VBA has requested my medical history from the VA.  I know it takes a while for the VA to move, and so I got a copy of my file, how do I submit the request.  I stopped by the BVA and the lady said I needed the paperwork regarding the request.  I never received any paperwork...

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use