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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 ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Ddsr

College Degree Myth

Question

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.
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11 minutes ago, Hamslice said:

SSDI (Social Security Disability) is means tested by your age and your education.  Below age 50 get a job any job, age 50-54 you can be trained for any job, 55-50 only if you can't work in your field, 60+ and your home free.

--You loose the use of your right leg, however, you can use your hands and weave baskets.  Age 54 and below, your a basket weaver.  Age 55 and up, you are good to go.

VA Disability is "supposed" to compensate you for what you can not do because of your in service disability.  Nothing about education or ability.

--You loose the use of your right leg, however, you can use your hands and weave baskets.  You can choose to be a basket weaver or not, you get compensated for your leg.

IU means you are unemployable because of your VA disabilities.  You and your docs have to prove that and the VA docs have to agree.  I'm not sure if age, education or ability have anything to do with it.  Must be criteria on the VA form for IU somewhere??

--You loose the use of your right leg, however, you can use your hands and weave baskets.  You and your docs need to prove you can not weave a basket to get IU.

Just my thoughts,

Hamslice

P.S., This may not apply to you if you have a degree in "under water" basket weaving.

 

Also Hamslice indeed there is specific guidelines a rater CANNOT deny a Veteran for when applying for IU. Veteran cannot be denied IU due to age. Veteran cannot be denied IU due to education. The education part if you pay very close attention you can see that was the Origional post you responded to. That i state it is FACT one cannot be denied IU due to EDUCATION. But again as you prove many veterans will still question the FACTS. I will soon post here the guidelines for IU.

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Nope, not what I'm saying at all.  You can get SSDI at any age.  It has a lot do with ability to work when you are younger than when you are older, when it concerns physical disabilities.

MH is a perfect example at any age.  Unable to be around people or have a conversation with people, probably can't hold down a job at any age.

I know of a few people in my area that get SSDI because they are unable to hold down a job because they are in trouble with the law too much.  And they are in there twenties.

Sorry for the confusion,

Hamslice

 

 

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27 minutes ago, Hamslice said:

Nope, not what I'm saying at all.  You can get SSDI at any age.  It has a lot do with ability to work when you are younger than when you are older, when it concerns physical disabilities.

MH is a perfect example at any age.  Unable to be around people or have a conversation with people, probably can't hold down a job at any age.

I know of a few people in my area that get SSDI because they are unable to hold down a job because they are in trouble with the law too much.  And they are in there twenties.

Sorry for the confusion,

Hamslice

 

 

No problem Hamslice I understand now what you were saying. I was going to say if Ham believes this then Why did I get my SSDI approved. LOL

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What helps a veteran get the IU AND USUALLY TDIU /W P&T more than anything is

IF they use the extra scheduler  4,15.16 usually this means the veteran  is at a combine rating or total rating 90% or below & not 100% and can't work solely due to his S.C. Disability' /Disability's

Ok if that disability keeps the veteran from doing what he was trained to do or any other type of Marginal employment OF 14.400  Per year OR  MEET THE THRESHOLD FOR GAINFUL EMPLOYMENT.and has a  qualified Dr to state so..and has went through VA '' Voc-Rehab'''' program and the counselors can't find any type of employment this veteran can do and writes a letter for this veteran that state '' it is unfeasible''   to retrain this veteran at this time DUE TO HIS S.C. Disability/s   this letter is the gold standard in receiving IU. 

Also when there is a difference of opinion between a VA Dr and a Private Dr   Normally if the Private Dr has more credentials *(Specialist) in the field of medicine for this type of disability to the veteran in question and writes a better impression of the disability in question Favorable to the Veteran   the Raters will Normally go with the Specialist Opinion.

They call this ''Equipoise '' to help decide on a medical question to determine the correct outcome of a decision.from a highly trained professional .

Filling out an IU Claim for if a Veteran don't have any of the above statements  usually means a denial for IU Every time. or deferred b/c the rater needs more medical information other than what he has.

So when a Veteran if deferred for IU, Normally he needs more new and material evidence to help substantiate his IU Claim.

As for as getting SSDI Again Normally veteran presents his IU Award and files for SSDI For the same disability   helps the SS to be Approved .

However not every time,  it depends on the disability to the SSA, Because with SSDI You need to be considered totally disabled  so you do need to meet the SSA Guidelines to qualify for SSDI.

IF THE SSA HAS A DOUBT. THEY WILL SEND YOU TO A Dr FOR RE=EXAMINATION. 

jmo

Edited by Buck52

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47 minutes ago, Buck52 said:

What helps a veteran get the IU AND USUALLY TDIU /W P&T more than anything is

IF they use the extra scheduler  4,15.16 usually this means the veteran  is at a combine rating or total rating 90% or below & not 100% and can't work solely due to his S.C. Disability' /Disability's

Ok if that disability keeps the veteran from doing what he was trained to do or any other type of Marginal employment OF 14.400  Per year OR  MEET THE THRESHOLD FOR GAINFUL EMPLOYMENT.and has a  qualified Dr to state so..and has went through VA '' Voc-Rehab'''' program and the counselors can't find any type of employment this veteran can do and writes a letter for this veteran that state '' it is unfeasible''   to retrain this veteran at this time DUE TO HIS S.C. Disability/s   this letter is the gold standard in receiving IU. 

Also when there is a difference of opinion between a VA Dr and a Private Dr   Normally if the Private Dr has more credentials *(Specialist) in the field of medicine for this type of disability to the veteran in question and writes a better impression of the disability in question Favorable to the Veteran   the Raters will Normally go with the Specialist Opinion.

They call this ''Equipoise '' to help decide on a medical question to determine the correct outcome of a decision.from a highly trained professional .

Filling out an IU Claim for if a Veteran don't have any of the above statements  usually means a denial for IU Every time. or deferred b/c the rater needs more medical information other than what he has.

So when a Veteran if deferred for IU, Normally he needs more new and material evidence to help substantiate his IU Claim.

As for as getting SSDI Again Normally veteran presents his IU Award and files for SSDI For the same disability   helps the SS to be Approved .

However not every time,  it depends on the disability to the SSA, Because with SSDI You need to be considered totally disabled  so you do need to meet the SSA Guidelines to qualify for SSDI.

IF THE SSA HAS A DOUBT. THEY WILL SEND YOU TO A Dr FOR RE=EXAMINATION. 

jmo

JMO. Here is a good one. Ok my IU was deferred and I was given an increase at the same time. Now after receiving a VOC Rehab Feasibility Letter I decided to put in for the IU. So then are you telling me that even though the Gold Standard Feasibility Letter was submitted with my IU claim that somehow it was not Gold Standard in my IU Claim and that I need more medical proof? Another member on here walked me through the beginning of the claim due to the Feasibility Letter. He tells me the deferred only means that they will decide later and that my FDC IU claim is still under 6 months and will most likely be approved.

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