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.

[Ddsr]

7 minutes ago, Buck52 said:

The EED Abrev is  ( Earliest Effective Date)  For Retro payment. Normally going back to the date claim was first filed.

Thank You for clearing that up.

[Ddsr]

19 minutes ago, Buck52 said:

 Hold on Hoss

After reading your last post

You graduated  upon  graduation  >>.  is when the voc rehab counselors wrote the letter ? he contradicted his self in my opinion...

ok if you were able to set in a classroom OR Even at a computer at home for extended periods of time  this is questionable to the rater as for as unemployment   they look at every possibility that you can be employed, they are probably looking at sedimentary type jobs and this has the rater in doubt

even if you have a masters degree and can't do what you have the degree for then the degree is actually useless & with the VA if your able to do any type of employment  usually means a denial. 

In this case you were allowed to further your education although it may not be what you can do what you were trained to do  this was applied to the fact before you were render the feasibility letter  in other words the Voc Rehab Counselor messed up letting you continue with your education.  the Rater caught this.

so now I am unsure how this will turn out?

How do you come up with this? Your speaking from your opinion. Again the Rater cannot make a determination to my IU claim due to my attending college. It is not hard to understand that my SC grew to the point that I was terminated by employer and still was able to finish college. But the VR Counselor is very knowledgable and is not going to write a feasibility letter if it does not apply. The letter is very well written and backed up with facts. Anyways take care

doc (5).doc

[Buck52]

19 minutes ago, Ddsr said:

Wrong Buck. The rater is not allowed to use Education or attending college as a reason to deny my IU. The Feasibility Letter states my SC grew to the point where I cannot maintain feasible employment. I am positive I will get the IU. But I understand your thinking as other vets believe as you do which is totally false.

 No They won't hold or discount the education  against you

''The fact that a Veteran has completed a program of rehabilitation does not mandate a termination of IU ( unless sustained employment is also demonstrated.'')

this was demonstrated by you being able to sit in a class room sitting or at home for long periods at a time....> rendering you employable 

What I am saying here   if you were unemployable that means your untrainable also, the voc rehab counselor messed up by letting you continue with your education classes  in a class room or at home.

if you are able to sit at a computer anywhere then to the rater that means your able to do some type of sedimentary job  therefor making an income over the gainful employment rate....meaning to the rater you are not unemployable.

As of now I am unsure how this will go down? but just from knowing how the raters are this would be a reason for denial.

Sorry you don't believe me...when you get your denial please come back to hadit and let us know the reasons and bases of the denial...if you are approved also come back to hadit and show the reasons and bases you were approved   this helps all of us in helping future veterans with their claims

Edited June 17, 2018 by Buck52

[Ddsr]

4 minutes ago, Ddsr said:

How do you come up with this? Your speaking from your opinion. Again the Rater cannot make a determination to my IU claim due to my attending college. It is not hard to understand that my SC grew to the point that I was terminated by employer and still was able to finish college. But the VR Counselor is very knowledgable and is not going to write a feasibility letter if it does not apply. The letter is very well written and backed up with facts. Anyways take care

doc (5).doc

It is not a question of not believing you i just think that this is your assumption and opinion. Do you know DGastone on this site? He is very knowledgable and has walked me through all of the claim. He said the graduation does not matter. The Feasibility Letter is golden no matter when it is obtained. His opinion as well I suppose. But the fact is I was deferred for Medical Reasons 

[Ddsr]

I recently talked with an evaluator for Total Disability Individual Unemployability (TDIU).

The VA examiner, a friendly chap, had some confusion about what the Dept of Veterans Affairs was looking for in finding disabled veterans qualified for Total Disability Individual Unemployability ratings.

Here is the list of the top five reasons he thought would disqualify disabled veterans. They all center around whether or not disabled veterans could be temporarily qualified for Individual Unemployability.

He thought, “No.” The VA General Counsel says, “Yes.”

WHAT VA ACTUALLY SAYS ABOUT TDIU

Section 4.16 of title 38, Code of Federal Regulations, authorizes the Department of Veterans Affairs to assign a total rating based on individual unemployability (TDIU rating) based upon a veteran’s temporary (i.e., non-permanent) inability to follow a substantially gainful occupation…

TDIU ALTERNATIVE FACTS FROM VA MEDICAL EXAMINER

Here, the VA examiner I spoke with made the following claims:

1. Having a theory of future employment, post-rehabilitation disqualifies veterans seeking individual unemployability because they think they will get a job at some point
2. A college degree means veteran is employable
3. Attending college is the same, or about the same, as having a job
4. Ability to have a job prevents TDIU determination
5. Shy of being a basket case, veteran could find some employment

RELATED: Voc Rehab Counselors Pushing Veterans Out Of Chapter 31

FIRST INDIVIDUAL UNEMPLOYABILITY MISCONCEPTION

First. There is no doubt that intelligence will allow any veteran a fighting chance at doing well in college. But college performance alone does not equal good employment performance or mean the disabled veteran will have an ability to get an offer after an interview or to land an interview.

Irrational exuberance at the prospect of future employment seems more like a theoretical hope than a practical conclusion.

No one can tell the future without a crystal ball, at least for me.

Accordingly, the VA examiner’s conclusion must be based on practical footing rather than based on a “mere theoretical ability to engage in substantial gainful employment…” Timmerman v. Weinberger, 510 F.2d 439, 442 (8th  Cir. 1975).

This means the examiner’s “theory” of being employable in the future does not pass the legal precedent requiring VA to draw a “practical conclusion.”

[Buck52]

I don't want to be in an argument with you  LETS JUST SEE HOW THIS PLAYS OUT b/c I am not sure how it will play out? no one can say for sure you will be approved or Denied?

  it depends on how they make a decision on you being unemployable or not? and this is probably why it was deferred.