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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 when it comes to filing Veterans Affairs Disability Claims. Chris Attig - Veterans Law Blog










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Question

I am at 70% and have depression as one of my claims. I wanted to file for IU due to not able to hold employment due to depression as well as IBS. Do I do this on E Benefits?

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On 1/11/2018 at 8:35 PM, LanceJoseph said:

Thanks Gastone, I plan to continue with my Voc Rehab and continue my medical appointments and try and better myself in any way possible, As for extra income I have read the regulations over and over and I was surprised to find the 12 month rule. Any extra income for myself would come from rental properties, this allows me to keep my distance from any drama because I can hire a property management company. I've only received my BVA award letter on DEC 1st so I don't know specifics of when this will take effect but was told they are EEDing it to Jan 2011 and also I was awarded SMC (s). So just waiting for the RO 

Sorry I hijacked the post Ddsr.

I'll chime in here, too. Being stuck at 90% for a while and having trouble with even doing my desk job at the VA due to a cervcal spine issue, I resigned last April. I had already applied for several increases last year; I'm one of those 40% here, 30, 10, 20 etc. guys.  Had a number of C&P exams (all favorable) and then got two letters recently:

The first letter said that my shoulder (already stated svc connected by the C&P examiner in my record last summer) was now being punted back to an appeal I filed in 2015 for the same thing. That appeal looked like it was going nowhere so that's why I put it on the newer claim again.

The second letter said something about the VA checking my file with Social Security. Curious, I looked at EBenefits again and now it says that they added IU to the claim "by reference" or something like that. I never asked for IU, but in one of my statements I believe I mentioned that I left my VA clerk job because of constant pain in my neck and head. I guess that's where the IU thing came from.

It is confusing, being eval'd for IU when I never asked for it, and like was mentioned by someone, here I'm trying to earn some income in real estate since physically I can't do manual work or a desk job these days. I guess as long as the income is "passive" I'll be ok? So far I haven't made a penny but that will change.

To date I haven't applied for SSDI. Waiting to see what the VA says. Good luck to all.

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Jimbo, I do think that TDIU can be granted if there is sufficient evidence even without asking for it. In my case I was even granted SMC (s) due to my IMO and C&P's mentioning issues with employment and symptoms akin to agoraphobia. Like i stated before this is all hear say for me at the moment, the EED and the SMC (s) info was given to me over the 1-800 number and a VSO so I still take it all with a grain of salt but honestly adds more anxiety to the situation, best to never get my hopes up. I am also one of the multiple 10%, 20%  ratings guys and to be honest im ok with being at 90%. Most call me crazy to hope to get better and to one day go back to work but I am much too young to sit back and relax.  In your situation I'd simply like to say Congrats.  Also I plan to still be very careful with the amount of property income I make,  I'd rather not poke the bear if it can be helped.

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2 minutes ago, LanceJoseph said:

Jimbo, I do think that TDIU can be granted if there is sufficient evidence even without asking for it. In my case I was even granted SMC (s) due to my IMO and C&P's mentioning issues with employment and symptoms akin to agoraphobia. Like i stated before this is all hear say for me at the moment, the EED and the SMC (s) info was given to me over the 1-800 number and a VSO so I still take it all with a grain of salt but honestly adds more anxiety to the situation, best to never get my hopes up. I am also one of the multiple 10%, 20%  ratings guys and to be honest im ok with being at 90%. Most call me crazy to hope to get better and to one day go back to work but I am much too young to sit back and relax.  In your situation I'd simply like to say Congrats.  Also I plan to still be very careful with the amount of property income I make,  I'd rather not poke the bear if it can be helped.

Yeah, me too. I'm 60 years old and don't want to screw things up. I did get SMC for ED and never asked for it. I guess that was just as a result of telling my VA doc that my back, neck, etc. made it difficult to take care of my husbandly duties, in so many words. I am just trying to get to 100% and that would ease the money crunch a lot!

Again, good luck to you.

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Thanks Jimbo, will do! Hope you receive good new quick regarding your IU, and also that its P&T! Good luck and stay positive!

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