Compensation

[Wilson]

Recently I applied for increased compensation of my existing conditions,which were 10% hearing and 30% depression.

I filed for a increase on my depression which went up to 70% from 30%.

Second I filed for sciatica of right leg secondary to back.

Anyway I went from 30% to 80% rating.

I was not granted IU but was not filing for that,just a increase.

Do I appeal being they did not consider me eligible,or do I just file a new claim for it.

 

Edited January 20, 2019 by Wilson
Left a word out

[broncovet]

There is such a thing as an "inferred" claim for TDIU.  Did you inform the VA you are "not working" due to sc conditions?  

To be eligible for tdiu you have to demonstrate you are "unable to work" due to sc conditions.  Check your records, and if you told the VA this, then you can appeal TDIU.  

However, va is not expected to go on a fishing expidition for benefits.  

Appeal if you feel lowballed, but if you never applied for tdiu, why should you be suprised when they did not adjuticate it.  

 

[Wilson]

18 hours ago, broncovet said:

There is such a thing as an "inferred" claim for TDIU.  Did you inform the VA you are "not working" due to sc conditions?  

To be eligible for tdiu you have to demonstrate you are "unable to work" due to sc conditions.  Check your records, and if you told the VA this, then you can appeal TDIU.  

However, va is not expected to go on a fishing expidition for benefits.  

Appeal if you feel lowballed, but if you never applied for tdiu, why should you be suprised when they did not adjuticate it.  

 

I really never expected to go from 40% to 80% when I applied for the increase,so I never thought about IU.

I did tell the examiner I worked part time,about 20hrs per week.Does saying this eliminate me from IU.

I'm under the impression as long as earnings are not over certain amounts this should not prevent being eligible for IU.

 

[broncovet]

You have to have a note from your doctor that your sc disabiilites prevent you from SGE.  It might be difficult to find a doc who says you cant work WHILE you are working, even part time.  

Yes, there is a distinction between "substantial" gainful employement and a Veteran doing stuff like cutting his neighbors grass for extra money.  The distinction is the poverty level income, which is about 1000 per month depending upon how many dependents you have.  That does not mean you will get tdiu if you earned less than 12,000 last year.  

This said, it depends on the circumstances.  Lets say you tell your boss you can only work 2 days a week becuae you have PTSD therapy the other 3 days per week.  You might be eligible for tdiu provided that your doctor states you are unable to maintain sge due to sc conditions.  Again, however, your doc may not do that, and for some good reasons.  

[Wilson]

23 hours ago, Wilson said:

I really never expected to go from 40% to 80% when I applied for the increase,so I never thought about IU.

I did tell the examiner I worked part time,about 20hrs per week.Does saying this eliminate me from IU.

I'm under the impression as long as earnings are not over certain amounts this should not prevent being eligible for IU.

 

 

4 hours ago, broncovet said:

You have to have a note from your doctor that your sc disabiilites prevent you from SGE.  It might be difficult to find a doc who says you cant work WHILE you are working, even part time.  

Yes, there is a distinction between "substantial" gainful employement and a Veteran doing stuff like cutting his neighbors grass for extra money.  The distinction is the poverty level income, which is about 1000 per month depending upon how many dependents you have.  That does not mean you will get tdiu if you earned less than 12,000 last year.  

This said, it depends on the circumstances.  Lets say you tell your boss you can only work 2 days a week becuae you have PTSD therapy the other 3 days per week.  You might be eligible for tdiu provided that your doctor states you are unable to maintain sge due to sc conditions.  Again, however, your doc may not do that, and for some good reasons.  

On my depression c&p exam on depression it did mention not 100% cause I was not at the greatest level.I was one step away from being hallucinating etc.Think I was one stage under that.Iwould like to attempt at getting UI,but do I appeal my last rating it just apply for it.

 

[vetquest]

I you are making less than the poverty level I would apply for IU and get a statement from your employer why you are only working 20 hours a week.  Is it due to appointments as broncovet stated or is it because you can only get to work so many days a week?  As broncovet stated it is hard to get IU when you are working but you can try.

[john999]

I would most definitely apply for TDIU if you can only work part time.  While you are at it apply for SSDI.  You do need a statement from your doctor that due solely to your SC disability you are unable to maintain gainful employment.  When I applied for TDIU I got it from the time I first applied.  Then due to a hospital admission I got it retro to the admission.  If your doctor was to say that as of the date of your C&P exam you were totally disabled you should at least be able to get TDIU retro to that date.  Applying for TDIU is not going to hurt any appeals. If you appeal the denial of TDIU and submit evidence of same you can at least get TDIU back to the date of your original claim most likely.  Once you get TDIU and then try for P&T status.  This comes with many benefits. Getting 100% or TDIU is the goal of all VA claims if you are disabled from work.