College Degree Myth

[Ddsr]

Although there are many that believe Voc Rehab or any college training will deny one for IU, this is false. It states such in the the M21-1MR:

Deny IU claims or reduce compensation that is based on a finding of IU only if the facts demonstrate that the Veteran

• is not precluded from obtaining gainful employment by reason of SC disability
• has in fact obtained gainful employment, or
• has failed to cooperate with development, such as failing to return a competed VA Form 21-8940when requested.

Notes:

• The fact that a Veteran is participating in a program of rehabilitation does not preclude a finding of IU.
• The fact that a Veteran has completed a program of rehabilitation does not mandate a termination of IU unless sustained employment is also demonstrated.
• When IU is claimed following a completed program of rehabilitation, pay special attention to evidence of program results that indicate the Veteran's ability and willingness to engage in a substantially gainful occupation.

[NFLFan1980]

4 hours ago, Ddsr said:

No. All the VR Counselor will do is listen to you tell them all of you SC and problems. The goal is if they listen and feel you are not able to do the Chaptor 31 VR then they will say you cant do it. Then on the spot you ask for a Letter from them stating this. That letter then use to submit to your claim as proof. By the way what are your SC and %?

I'm 70% with Major Depression and Anxiety. Also TBI which has not been rated yet.

[Ddsr]

1 hour ago, NFLFan1980 said:

I'm 70% with Major Depression and Anxiety. Also TBI which has not been rated yet.

Well all that is left for you to do now is to get that VR Letter. I cant express enough how powerful that letter is in getting IU. Just ask me I got mine approved with same SC you have. AND..All with graduating VR with a Bachlors Degree and upon graduation I got that letter. Good Luck!

[NFLFan1980]

14 hours ago, Ddsr said:

Well all that is left for you to do now is to get that VR Letter. I cant express enough how powerful that letter is in getting IU. Just ask me I got mine approved with same SC you have. AND..All with graduating VR with a Bachlors Degree and upon graduation I got that letter. Good Luck!

Ok that will be at the top of my to do list for next week. I'll check with my county VR first since I think the VA VR lady is still out. I'll probably be using this thread for some support. Thanks!

[HorizontalMike]

On 6/16/2018 at 10:32 AM, Buck52 said:

Just my opinion 

If a Veteran is less educated and his age is 55 or over this will help the rater make a decision or factor it it all in when adjudicating IU Claims, although it states in the CFR's that age is not a determining factor, 

or was trained to do a specific job and his S.C. Disability  prevents him from doing it.

this is a contradictable yes  but its just my opinion 

Having a higher education will help the veteran find more  high level entry paying jobs of semadary   that otherwise would take a more physical demand on the veteran and he could not perform his job duty.  

but I agree with broncovet having a higher education  should not render a veteran from being unemployable.

but for the less UNfortunate veterans with less educations  I'd say its in his favor for the I.U.

I agree wholeheartedly!  I earned three college degrees (that included a PhD from Texas ATM), and I got 100% TDIU P&T on the first attempt.  Granted, I had +150 pages of the +35yr of past work related demotions, firings, assessments, etc.  Once I became unemployable, I HAD ALREADY EARNED MY PHD.  I am NOT bragging about this, just pointing out that TDIU ratings are based on the highest education/training/qualifications that the veteran has earned before/when applying for TDIU.

In other words,... I was NOT forced to look for nor accept a burger flipping job as "gainful employment".  IMO, this is a point worth remembering.

[NFLFan1980]

Hey guys, so I went through the DMV to file my TDIU and they sent it last month on the 10th and now I just find out that my c&p is on January 17th. That was really fast. Should I be concerned that it only took a month to get an appointment?

[Buck52]

Not really,

if you have ALL  your evidence to substantiate your claim  the C&P should be welcome with both arms.

Make sure the examiner has it. if the examiner don't address some of the issues that will be favorable to your claim speak up ask him/her if they have the evidence  and point it out to them. 

so you may want to take some of your copies of evidence to show the examiner  in case he don't have it  or VA Failed to send it.

A Letter from VA Voc-Rehab stating that'' its not feasible to retrain this veteran at this time due to his S.C. disability/or combined disability's.''

is excellent evidence for TDIU.