Will VA back pay convalescent pay and TDIU question.

[metallicide]

I am working on getting my back injury service-connected. I have Dr. Anaise writing a nexus letter and have one sworn statement from a soldier who was with me in Afghanistan during the incident. I am having a fusion done on my lower back in October. I am not sure if I will have this service connected before then. Jan Dils Law firm is doing my appeal case and we don't have a hearing date yet. Will the VA back pay convalescent pay if it gets connected after the surgery? And can you get TDIU while you are working and then quit working, I cannot really quit my job until I would be approved as I have a family to support.

[metallicide]

8 hours ago, pwrslm said:

TDIU is because you can not work. I ended up losing my business because of my back, out of work 1.5 years before 60% disability kicked in. (I almost lost everything.) IF you get a statement from employer that they make special exceptions for you because of your disability, then it may be sheltered employment and you can work but the VA will put it under a microscope and check every detail, so you should study up if you go that way. If not, just the fact that you "are working" will go against you. Its a double edged sword...

Alternatively, have you looked at the VR&E program yet? They put me in college for a 4 year degree to replace my loss of employment. I could not run my business because of the physical work load, but just like you, I am not ready to quit and go out to pasture. Over 30% you have a good shot, but just like all VA benefits, study up and follow the reg's, get ready by being informed and knowing what it takes to qualify to get what you want from the VA.

Chapter 31 VR& E info here; 
https://www.disabledveterans.org/chapter-31-voc-rehab-page/

Thanks man. Right now im 30% but that will be jumping fairly soon im pretty certain. My main concern was after my surgery I will be off and if I am unable to return I will still be considered employed because we have excellent FMLA but didn't know if it would hinder getting TDIU. Crossing my fingers surgery fixes all this but with fusions you never know. I have not seen the VR&E but I will def research it. They def would not be able to do any special circumstances for me at my job for long. I work in IT but its at a manufacturing plant so on average I walk 7 miles a day, tons of bending, climbing, operating lifts...etc  TDIU is just a backup plan, I really cannot go without pay for long at this point. I will def be able to be on light duty for a while just not permanently. Right now it's hard to even make it through the day but I manage. I would walk through burning glass to make sure my family is taken care of but some things are just not in our control. 

[metallicide]

7 hours ago, pwrslm said:

TDIU is because you can not work. I ended up losing my business because of my back, out of work 1.5 years before 60% disability kicked in. (I almost lost everything.) IF you get a statement from employer that they make special exceptions for you because of your disability, then it may be sheltered employment and you can work but the VA will put it under a microscope and check every detail, so you should study up if you go that way. If not, just the fact that you "are working" will go against you. Its a double edged sword...

Alternatively, have you looked at the VR&E program yet? They put me in college for a 4 year degree to replace my loss of employment. I could not run my business because of the physical work load, but just like you, I am not ready to quit and go out to pasture. Over 30% you have a good shot, but just like all VA benefits, study up and follow the reg's, get ready by being informed and knowing what it takes to qualify to get what you want from the VA.

Chapter 31 VR& E info here; 
https://www.disabledveterans.org/chapter-31-voc-rehab-page/

Thanks man. Right now im 30% but that will be jumping fairly soon im pretty certain. My main concern was after my surgery I will be off and if I am unable to return I will still be considered employed because we have excellent FMLA but didn't know if it would hinder getting TDIU. Crossing my fingers surgery fixes all this but with fusions you never know. I have not seen the VR&E but I will def research it. They def would not be able to do any special circumstances for me at my job for long. I work in IT but its at a manufacturing plant so on average I walk 7 miles a day, tons of bending, climbing, operating lifts...etc  TDIU is just a backup plan, I really cannot go without pay for long at this point. I will def be able to be on light duty for a while just not permanently. Right now it's hard to even make it through the day but I manage. I would walk through burning glass to make sure my family is taken care of but some things are just not in our control. 

[broncovet]

Powerslim gave you good advice.  Voc rehab may well help with your problem.  You see, you can get money every month from Voc Rehab, if you qualify.  (I dont know if you will qualify for voc rehab or not.)

Depending upon where you live, and your rank at exit from service, you can get at least about 1000 per month for Voc Rehab, or much more depending on where you live. 

BAH rates: (for post 911 vets)

https://militarybenefits.info/2018-bah-basic-allowance-for-housing-rates/

[metallicide]

6 minutes ago, broncovet said:

Powerslim gave you good advice.  Voc rehab may well help with your problem.  You see, you can get money every month from Voc Rehab, if you qualify.  (I dont know if you will qualify for voc rehab or not.)

Depending upon where you live, and your rank at exit from service, you can get at least about 1000 per month for Voc Rehab, or much more depending on where you live. 

BAH rates: (for post 911 vets)

https://militarybenefits.info/2018-bah-basic-allowance-for-housing-rates/

Excellent. This is something I will def look into as well. Thank you guys for your help.

[pwrslm]

Post 9-11 gets E5 housing allowance because they can qualify for the EDU bill offered post 9-11 under Ch 35. 

everyone else gets 750+/- per month stipend for Ch 31.