any advice would be appreciated

[tylerb333]

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?

[tylerb333]

Gastone, id you look at my initial question, I state this.   Will i have another C&P ? My last ones were in march and may.

[Buck52]

I Agree with Gastone  but also remember if you file for SSDI you can't work   unless SSDI has a ''go back to work'' program I don't know about?

If you get IU & file for the SSDI you should be approved  for it and  get VA IU and SSDI Together  and  then maybe you will have  some time to get better& not worry how your going to pay the Bills   a lot of us Veterans has been there.

Good Luck

[tylerb333]

i do not have the work credits

[porgee]

10 hours ago, Gastone said:

Porgee, just for IU Reg clarification, I'd advise reviewing the section on "Sheltered & Protected Employment." Marginal Income from working for a Family Business, Self-employment or a job that makes "Special Accommodations" for a Vet's SC Conditions does not preclude a Vet from an IU Award, even if the earned income is above the SGI cut-off of $12,400 (under 65, $11,400 65+).

Tylerb, was there an "Inferred IU Claim" mentioned in your PTSD Award Letter? Be sure to complete the 21-8940, that along with the Voc Rehab Denial Letter should Seal the Deal.   Semper Fi

if there is anywhere in cfr where the VA pays for a man working and getting IU please post

[porgee]

I'M saying if this op wants to work why file IU. IU is still for vets who is not able to gain employment 

above poverty level .If you make 1000.00 in income try this report the income and see what happen VA IU is still in the news as I speak why push it. Good luck

 

 

Edited June 6, 2017 by porgee

[Buck52]

38 CFR 4.16

Paragraph 5

1. (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination.

(Authority: 38 U.S.C. 501)

Edited June 6, 2017 by Buck52