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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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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

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abnrgr88

P&T from IU yes or no?

Question

I was just granted P&T IU at 90% overall. I have not filed for an increase from a 20% DDD. I had 13 level spinal fusion after the 20% was granted. Yes my wife and son now have a chance at champva, yes chapter 35 as well. its been 17 months since surgery and everything seems to be falling apart. upcoming surgery for right and left hip impingement...not yet rated. Lost all hearing in right ear and now 50% in other,...10% hearing loss and 10% tinnitus existing. Chronic pain syndrome well documented in my file..not yet rated. 19" scar down my back painful as heck...not rated......I can use some experienced advice please??

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Yes that's understandable you and I know that and most veterans with claims experience knows that  but 

I need the CFR Regulation # that states the IU is Actually moot.

How else is a Veteran to prove he is actually 100% scheduler and not IU anymore?

   He needs proof from the VA in a letter stating that and if he gets one he needs to guard that letter with his life.

Because we can't be assuming anything with the VA.  That will definitely get you in trouble on down the road.

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IU is cancelled by a 100% schedular rating. That is what happened to me. My benefit decision letter timeline clearly showed the rescinding of TDIU after receiving for 3 months after my 100% scheduler came into effect. If Under TDIU your rating letter will list your actual percentage, i.e. 70% but being paid for 100% due to tdiu. A 100% scheduler letter will say 100% on it. If P/T it will also say no further exams necessary, and indicate eligibility for Chap 35 benefits. 

Why worry over losing IU if you are at 100% by the numbers? They both pay the same, and a scheduler rating has extra benefits that being TDIU does not have. As for the letter, you can print out 100 copies if you want off Ebenefits and stash them away wherever, or print to PDF and save it somewhere on a thumdrive or something. 

 

Edited by brokensoldier244th

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13 minutes ago, Buck52 said:

I need the CFR Regulation # that states the IU is Actually moot.

I know you got a little testy about me answering you on this earlier you said it was pointed only at broken...

. I do have what you are looking for though. CFR and MR21

 

14 minutes ago, Buck52 said:

How else is a Veteran to prove he is actually 100% scheduler and not IU anymore?

I can tell you the easy way to do that too. 

 

I also found out what your concern about SMC is based on..it is in the MR21

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If I may intrude on this discussion.

I have found that IU is not actually moot after getting 100% scheduler.  I am 100% scheduler but I need to fill out the annual forms for IU even though I am 100% scheduler because my SMC is based on IU.  I show up as 100% on the VA letter but also it states that I am unemployable due to a service connected condition.  If I could actually work and did I would lose my SMC.

Edited by vetquest

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You might jeapordize your SMC but your schedule rating is still 100 so your base compensation would still be unchanged. 

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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      nervousness.
      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
      i. Physical exam dated 25 Aug 93 listed headache.
      j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
      kind in each of my nostrils that went down into my throat to keep rny airway
      open and stop my disruptive snoring.
      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

      Redacted VA NOD SOC 04-09-2020.pdf
      VA 2008 Denial of OSA Redacted.pdf
      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
      • 3 replies
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