Jump to content
  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

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

    employment 2.jpeg

    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

  • 0
Sign in to follow this  
Waffles

Unemployability Moot

Question

Can the VA declare unemployability moot, not mention it all and then come back on appeal and state that if they would have declared unemployability they would of used specific SC disabilities? 

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

@Buck52 good question. Shoot I don't even know it was so long ago. I'm gong to have to find out. I didn't know that it made a difference. I do know that the Denver RO did not address it and did not specifically address any identified disabilities as a claim for increase in the rating decision, in addition to the issue of TDIU. They just said it was moot and that was it.

Share this post


Link to post
Share on other sites
  • 0

I think your getting confused about the way you were rated the 100% P&T.

These are combined ratings and they added them up to the 100% scheduler with P%T 

If you had filed a claim for IU using the fast letter broncovet mention  then you would have probably been awarded the IU If one or more or all those disabiity's kept you from working.

since they awarded you the 100% P&T you now need a separate and distinct disability rating of 60% or higher..to meet the SMC Criteria.

Once Again the IU would have change that...Normally IU is given to Veterans that don't meet the 100% criteria...but can't work due to their disability and that disability was rated under the 100%

Actually a IU claim is a claim for increase!

Are you saying they should have inferred the SMC -S based on just the 100%??

Edited by Buck52

Share this post


Link to post
Share on other sites
  • 0

No, I'm saying they could of deemed me unemployable based on my 60% SC voiding dysfunction alone and then used the rest to grant me SMC S.  They didn't do that and just granted me 100% P/T or they could of granted me housebound in fact because I have medical evidence from my urologist that clearly states "she has up to hourly urination daily that would cause interference with an occupation that would not allow her to take frequent restroom breaks or required her to be at a specific location more than one hour at a time. Nocturia would cause her to have insufficient sleep to participate in a productive full day of work". Apparently, none of this was good enough. And my urologist noted that "during interstitial cystitis flare-ups the claimant may not leave the home for weeks at a time". I mean come on man...….    

Share this post


Link to post
Share on other sites
  • 0

OK

if this was a recent award for the 100% P&T under a year  then do as broncovet mention and Appeal this decision...if you use a VSO you might want to ask him/her for advise....

you have a year from this 100% P&T Awarded decision date to Appeal...but check with your VSO if you use one.

VA is fast about this type of a decision to grant the 100% w/P&T because after veterans are rated the 100% it makes it hard to reach the SMC Criteria.

.unless his/her disability's are very severe LOSS OF USE , NO ARMS, NO LEGS CAN'T FEED OR DRESS YOURSELF  ,BEDRIDDEN ect,,,ect,,,and may need A/A with the SMC or Higher PIER to the SMC's

Share this post


Link to post
Share on other sites
  • 0

this was in 2014, my appeal just hit the BVA this week. I'm not sure what I'm going to do as of yet. I'm thinking..... I do know this is a bunch of bull... I do know that.  Thank you for letting me vent and bounce things off of you. 

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Our picks

  • Ads

  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines