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College Degree Myth

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Ddsr

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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On 6/15/2018 at 3:19 PM, Ddsr said:

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.

Buck did you read the Notes from my posting. This comes directly from the M21. Read the final bullet point which destroys your assumption or a raters possibility of thinking such. 

(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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  • HadIt.com Elder

If your denied the you can use these provisions to help with your NOD

(Notice of Disagreement)

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Just now, Buck52 said:

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. 

Lol who is arguing. Brother you are showing your lack of knowledgable facts. I have posted the facts. You continue assuming with your beliefs. I tell you the final time I WILL BE APPROVED you will see. And again the FACT as stated in the letter is I was deferred for medical. The person that I have guiding me is knowledgable backed with 7 for 7 results with vets he has helped. By the way are you IU?

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2 minutes ago, Buck52 said:

If your denied the you can use these provisions to help with your NOD

(Notice of Disagreement)

What provisions are you speaking of Buck. You indicate your thoughts clearly that you believe I will be denied. Anyways take care Buck. 

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  • HadIt.com Elder

 Yes these are only my opinions and thoughts based on my experienced and I can eat crow and actually I hope I am wrong in saying you will probably be denied based on what you mention as for as when the voc- rehab counselor wrote the un-feasibility letter and let you continue with your education. that my friend was a big mistake on his part.  b/c it will demonstrate that you can do sedentary jobs.

I knew a veteran that was denied IU b/c he could be a door greeter at Wal-mart that had a Master Degree.

 And Yes I know Gastone  he is one of the top elder members here and I respect his opinions and thoughts.

 btw I never said you will be denied?  ''I said it probably means a denial'' and I hope I am wrong.

  but normally if a rater can see that you can do any type of employment to make the Gainful employment set  forth threshold for income,  no matter how much education you have or currently in a classroom..if they can prove your able to do some type of employment (sendemetry) even if you have a s.c. disability  but you are able to do any type of employment that meets or is above the employment threshold  then that means you are not unemployable

As I said before this is why this is deferred & they are combing your claim with a fine tooth comb before making a final decision..and yes the decision can go either way Approved or Denied.

just have to wait now and see what the decision will be.

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9 minutes ago, Buck52 said:

 Yes these are only my opinions and thoughts based on my experienced and I can eat crow and actually I hope I am wrong in saying you will probably be denied based on what you mention as for as when the voc- rehab counselor wrote the un-feasibility letter and let you continue with your education. that my friend was a big mistake on his part.  b/c it will demonstrate that you can do sedentary jobs.

I knew a veteran that was denied IU b/c he could be a door greeter at Wal-mart that had a Master Degree.

 And Yes I know Gastone  he is one of the top elder members here and I respect his opinions and thoughts.

 btw I never said you will be denied?  ''I said it probably means a denial'' and I hope I am wrong.

  but normally if a rater can see that you can do any type of employment to make the Gainful employment set  forth threshold for income,  no matter how much education you have or currently in a classroom..if they can prove your able to do some type of employment (sendemetry) even if you have a s.c. disability  but you are able to do any type of employment that meets or is above the employment threshold  then that means you are not unemployable

As I said before this is why this is deferred & they are combing your claim with a fine tooth comb before making a final decision..and yes the decision can go either way Approved or Denied.

just have to wait now and see what the decision will be.

Yes very true. Just to be clear let me say again UPON Graduation of Voc Rehab that is when I sat down with VRC and discussed my current MH and my VRC then checked my medical and decided I was at this time not able to maintain feasible employment. My VRC did not give me a letter and then i continued on VR. 

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