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  • 14 Questions about VA Disability Compensation Benefits Claims

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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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52 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

Also JMO I was awarded SSDI 2 months ago and have all medical evidence from that which are the same SC conditions I applied for SSDI and was approved. Again I am told by a wise Hadit member the same one that walked me through the IU Claim that I need to not submit the SSDI paperwork unless denied IU. Use that for Reconsideration. I also have a current Psych Dr that is very willing to submit a statement as to my SC preventing me from gainful employment.

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Yes I agree you will most likely be approved if you submitted the Voc Rehab  UNFEASIBLE LETTER  its just that this particular rater is not sure about something in your claim?

and has to take it to a senior rater to look at   sometimes deferred is not a bad thing....just keeps us wondering and waiting.

I never knew you was approved for the SS?  so that's a good thing that you was.  one less thing to be worrying about.

I just added that in case you was not approved for SS or was in Appeals at SSA.

Edited by Buck52

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3 minutes ago, Buck52 said:

Yes I agree you will most likely be approved if you submitted the Voc Rehab  UNFEASIBLE LETTER  its just that this particular rater is not sure about something in your claim and has to take it to a senior rater to look at   sometimes deferred is not a bad thing.

Yes the moment i received that Feasibility Letter I put the IU Claim in. Still think it is Bullshit that my rater deferred with the Feasibility Letter in hand and all. Im not sure that even though I graduated, upon graduation I was found to not be able to maintain feasible employment and not able to do the employment search part. My VR Counselor decided this by looking at my VA records and seeing my MH state has grown much worse and I was terminated by employer. He then said I am writing you a Feasibility Letter as employers will not hire you at this time. So but IF I am denied that SSDI award letter and medical opinion should seal the deal if they feel i do not have strong medical opinion. Also a statement from current PSYCH Dr. 

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 I learned a long time ago VA don't care what we think & VA is good with the B.S. they always have been.  just be sure to check your correct EED even if its just delayed one month  don't let them cheat you out of anything they owe you  and they will if we let them get away with it.

Edited by Buck52

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2 minutes ago, Buck52 said:

VA is good with the B.S. they always have been.  just be sure to check your correct EED even if its just delayed one month  don't let them cheat you out of anything they owe you  and they will if we let them get away with it.

Sorry Buck still getting the Abbreviations down lol. What is EED? And I am staying at it and positive. I believe in the end I will be IU. Funny shit is I was terminated from employer working for the VA Hospital. Even though I am a Disabled Veteran they still terminated me without even speaking with me. 

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