Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Voc rehab

Rate this question


Bullycat

Question

I'm going through the process of voc rehab,  I have maybe one of the worst counselors I've ever met or dealt with and this is saying a lot since I've been in and around the va for at least five years.  My counselor isn't helping me with any thing not giving me any useful information.   I have a bacholars degree which I received before entering service . And of course was Injured while serving.  At the age of 32 my hip went out.  So when I got out of service it's been difficult doing any kind of work and of course I fell into default with my student loans.  My counselor is telling me I can't use the education side of voc rehab only the back to work? My bacholars degree is in studio arts at a liberal arts college.  I originally planned to use my studio arts degree as a stepping stone into a design field . But as it is now I have no job training and or skills in these fields and my counselor is pushing me to choose something that I don't have any experience in.  How will this play out? None of what my counselor says makes sense and I feel like she does it on purpose to make herself seem higher than me. But when I step up and ask a question she gets threatened and snaps at me.

Link to comment
Share on other sites

  • Answers 6
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

6 answers to this question

Recommended Posts

  • 0
  • Founder

I don't have the answer for you but others will jump in. I did find these articles which may be useful as you proceed.

Below is from DisabledVeterans.org Ben Krause is the founder of that site, a disabled veteran himself, he wrote an e-book about the process for getting Voc Rehab.

VR&E’s New M28R: Know what They Know

How To Get Denied VA Voc Rehab

 

Tbird
 

Founder HadIt.com Veteran To Veteran LLC - Founded Jan 20, 1997

 

HadIt.com Veteran To Veteran | Community Forum | RallyPointFaceBook | LinkedInAbout Me

 

Time Dedicated to HadIt.com Veterans and my brothers and sisters: 65,700 - 109,500 Hours Over Thirty Years

 

diary-a-mad-sailor-signature-banner.png

I am writing my memoirs and would love it if you could help a shipmate out and look at it.

I've had a few challenges, perhaps the same as you. I relate them here to demonstrate that we can learn, overcome, and find purpose in life.

The stories can be harrowing to read; they were challenging to live. Remember that each story taught me something I would need once I found my purpose, and my purpose was and is HadIt.com Veterans.

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

Not sure if your Service connected for your Hip or any secondaries your Hip could be related to? , if the hip went out on you while you were in the military , if this is not Service Connected or any other disability condition that it would cause or be related to, if you have not yet filed a claim you need to do so NOW

I see your at a 60%rating now  IS IT FOR YOUR HIP CONDITION? you could file a claim ask for IU/However if you are awarded IU your not suppose to work at all...so this is definitely something to think about...if your Hip or condition will never improve, you being at 60% qualify's  you for the Extra Scheduler IU Using 4,5 (b) provision 

 Beings your in Voc Rehab , if your counselor can't find you a Job because of this Hip Condition , they can write you a letter stating ''it is unfeasible to retrain this Veteran at this time due to his service connected disability's'' 

If you have this letter  you should submit it and any medical evidence you have about your CONDITIONS THAT would be favorable to you in a claim, Dr's need to state their opinion they have read your medical records that pertain to this condition and have examine you thoroughly talk with you about your military & that its least like as not this veteran medical condition  happen while in military and it prevents the Veteran form doing any type of employment.

You stand the possibility of getting TDIU P&T...IT PAYS ABOUT 3000.00 $$$ MONTHLY  &more if you have dependents.

If you can you could use some of the compensation to go back to school, also if your married and get the P&T your spouse/children will be eligible for education allowance and healthcare benefits.

Just remember if you can work and make more than the 3000.00 month...file for increase on your 60% if your s.c. conditions warrants ..and try to find a job that you could do that pays better than the 3000.00

Theres a lot of Veterans well educated  with Masters Degree that can't work or do any type employment and have to settle for the 3000.00 monthly income along with SSDI, its a living but look what they could have been making with a Master Degree OR Even a Bachelors Degree had they could have worked.

Something to think long and hard about.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

Link to comment
Share on other sites

  • 0

When you did your VR intake testing (No Wrong Answer) to determine known and unknown area's of interest, what were the results?

Have you expressed an area of employment interest? Your hip problem would rule out most if not all physically requiring types of employment.

You can request a VRC change, depending on how far into the program you are, sounds like you should request the change.

You're definitely not, based on your above mentioned educational accomplishments, currently qualified for VA IU. Some sort of "Sedentary Employment," putting little or no stress on your non-SC hip, while providing Earned Income well in excess of the VA SGI $12,880 has to be readily available.

Link to comment
Share on other sites

  • 0

What SCs combine to result in your CSC of 60%?

You indicate your involvement in the VR program for over 5 years. If you've never successfully completed the VE Program, you have to be on your what, 3rd/4th VRC?  With each discontinuance of your VR Program, did you receive a VRC Letter addressing the unsuccessful completion?

Have you filed a VA FOIA requesting both your Complete C-File and Voc Rehab File? The VR File could prove an interesting read, especially if there are any indications of your failure to participate.

Link to comment
Share on other sites

  • 0
19 hours ago, Buck52 said:

Not sure if your Service connected for your Hip or any secondaries your Hip could be related to? , if the hip went out on you while you were in the military , if this is not Service Connected or any other disability condition that it would cause or be related to, if you have not yet filed a claim you need to do so NOW

I see your at a 60%rating now  IS IT FOR YOUR HIP CONDITION? you could file a claim ask for IU/However if you are awarded IU your not suppose to work at all...so this is definitely something to think about...if your Hip or condition will never improve, you being at 60% qualify's  you for the Extra Scheduler IU Using 4,5 (b) provision 

 Beings your in Voc Rehab , if your counselor can't find you a Job because of this Hip Condition , they can write you a letter stating ''it is unfeasible to retrain this Veteran at this time due to his service connected disability's'' 

If you have this letter  you should submit it and any medical evidence you have about your CONDITIONS THAT would be favorable to you in a claim, Dr's need to state their opinion they have read your medical records that pertain to this condition and have examine you thoroughly talk with you about your military & that its least like as not this veteran medical condition  happen while in military and it prevents the Veteran form doing any type of employment.

You stand the possibility of getting TDIU P&T...IT PAYS ABOUT 3000.00 $$$ MONTHLY  &more if you have dependents.

If you can you could use some of the compensation to go back to school, also if your married and get the P&T your spouse/children will be eligible for education allowance and healthcare benefits.

Just remember if you can work and make more than the 3000.00 month...file for increase on your 60% if your s.c. conditions warrants ..and try to find a job that you could do that pays better than the 3000.00

Theres a lot of Veterans well educated  with Masters Degree that can't work or do any type employment and have to settle for the 3000.00 monthly income along with SSDI, its a living but look what they could have been making with a Master Degree OR Even a Bachelors Degree had they could have worked.

Something to think long and hard about.

Yes my hip is a service connected injury . I just got a 0%  for a bunch of secondary conditions such as feet , back, left leg. I got approved for a 10% increase for secondary hip bursitis to my opposite hip.  I was told by my vet rep that in order to file for an unemployable claim I must first have at least one disability alone at a 40% rating.  All my ratings are 20% does this sound correct?

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

Normally a 40% S.C. Disability is correct to file for the IU ..however if you file for increase and had reach the 40%/60% it depends on the severity of the  disability  if that disability keeps you from working any type job even sit down  type jobs making at less than 14.000 year  then this is what the Extra scheduler CFR 4.16  (a) & (b) is for  for the IU for veterans that are not fully 100%BUT CAN'T WORK DUE TO THEIR S.C. DISABILITY   your up to 60%  that should qualify you for the IU if any parts of YOUR combined rating keeps you from working.  

you need to file for the IU they won't just look at your disability's and give you the IU/Although their suppose to.

you need a Dr so state that you can't work b/c of your S.C. Disability's

If your in the VA Voc- Rehab program & If they can't find you a job you can do they should write you a letter stating  this veteran is un trainable due to his S.C. Disability's those two opinions is what you need to get IU

If your counselor is not any help request another one.  you need someone who will help you work with you  ect,,,ect,,,,

Edited by Buck52

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Tim Walsh earned a badge
      First Post
    • Tim Walsh earned a badge
      Conversation Starter
    • BirddogM578 earned a badge
      Week One Done
    • BirddogM578 earned a badge
      One Month Later
    • Bubbleboy929 earned a badge
      Week One Done
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use