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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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johnsctt78

retro pay question

Question

hi guys  thank you for all the help

i have a retro pay question,i was awarded an increase on my existing va compensation,i went from 50 to 80 percent,it is showing a effective date of 3/10/2019 with the award,my question is if the retro pay increase starts from the effective date of 3/10/2019?,my claim closed over the weekend and ebenefits is already showing my new award percentage.just trying to figure out my retro amount.   

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4 hours ago, johnsctt78 said:

i did not apply for TD/IU

@johnsctt78

Glad you got the back pay.  @Berta as usual is correct. Read that link! You may have a possible CUE.

Your right knee being 40%, and the total reaching 80% should, but may not have, triggered the VA rate builder to have them consider TDIU.

There is a lot here on TDIU, however Attorney Chris Attig, who posts here and is a friend of Hadit, has a blog called Veterans Law Blog. I highly recommend you look at his site, if you can afford it, join.

somethings to consider:

I noticed you used the word "retired" from the VA. Are you actually getting a retirement check? is it a full retirement benefit? there are complexities with that word even though the VA is not supposed to consider your age for TDIU.

You are going to want to get a Voc Rehab opinion that you cannot work and retraining is not appropriate. This can be tricky in that the VA has some issues with the concept of 'marginal employment' and what it means to be able to do sedentary jobs. If you can afford to pay for an outside opinion that is fine just research and make sure they have the appropriate credentials and experience to do that job. They need to conform to VA written statement forms in their written opinion. Just saying hi, he can't stand up, will not cut it for TDIU.

There are two main forks you can choose when speaking to the Voc Rehab people.

If you want an new career, say being a stock broker, lawyer, or programmer. There are educational benefits that you could receive for education if approved. 48 months of Stipend and all Tuition paid. You can even go from High School Grad to a Masters Degree if you fight them hard enough. you can get a JD or MD even. There is a VA attorney advocate Ben Krause who runs another vets blog who not only got Voc Rehab once and got a degree, he managed to do it twice and get his Law degree.

you will have to fight for that. If you choose that path PM me I can tell you a few things that might help you.

The other path is to convince VocRehab that you are not a good candidate for even sedentary jobs like answering the phone. This would need them to learn things like that for you sitting, standing, walking and laying down are all constantly painful. That you cannot focus for long time on simple tasks.

Be clear here I am NOT telling you to lie or make it up. I am telling you that if these type things are true that you need to make sure they are documented!

in bolstering that situation you would need medical records showing pain management and pain related complaints. complaints about standing, sitting, walking, and laying down.

Proper buddy statements saying things like you walk ten steps and have to rest. That sitting playing cards is impossible.

Getting your bosses and coworkers to write letters saying what they witnessed about you not being able to do your job because of the pain and problems is good evidence if done right.

@Berta is right to ask if you have applied for SSDI or SSI and was it granted? that is powerful support for the VA.

Good Luck and keep us posted

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will do geeksquid

yes it is just what i could get from the va, i retired before age 63 and had to just retire with 29 yrs, i could not do any masonary work or go up stairs or get on ladders etc,if i tried i would be on rest for at least 2-3 days afterwards to get the sweeling etc back to normal,everyone at work knows completly about my service disability and always stepped in to  help.i did decide to just retire out last august before i was subject to any negitive actions at work,ive seen over the yrs what happens to disabled workers working in the vet admin and i did not want the dogs on me

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2 hours ago, Fat said:

They could have the deposit amounts.

@Fat

just to be clear, payments only appear there AFTER they have been issued by Treasury. It is a following indicator not a leading one as you should already have that money in your account.

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Posted (edited)

"i did decide to just retire out last august before i was subject to any negitive actions at work,ive seen over the yrs what happens to disabled workers working in the vet admin and i did not want the dogs on me"

yeah I could write a book on that.

When I FTCAed them for wrongful death, the malpractice on my husband began as soon as he started working there. They almost killed his buddy there too, another Vietnam Vet- the going scuttlebutt at this VA, was ' are they planning to kill all us Vietnam Vets in the same department my husband and his friend worked in.'

Luckily his friend is still living  and I got him 100% P & T under 1151.

I found a motive for the malpractice- motive is not needed for FTCA, but I know why they did it.

 
Edited by Berta
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geekysquid

yes my retirement pension is far from what it would have been if i did full retirement age with the VA.

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