Collecting unemployment while applying for tdiu

[Newdisabledvet]

My unemployment compensation runs out in April. I am applying for tdiu. I am unable to find work because i failed a fitness for duty and was terminated. This has all been reported to the VA. 

Will collecting unemployment hurt my chances of tdiu? I have been ruled unable to work or unemployable by my doctors. This was also submitted to the VA.  i have to make ends meet i have continued to collect this money while going thru the process of applying for tdiu. 

[Buck52]

Roger that!!

Reread my link 

• You must be a Veteran. • You must be unable to hold a job as a result of service-connected disabilities.

This means maintaining substantially gainful employment.

(VA considers odd jobs as marginal employment. They do not affect your eligibility for IU.)

And

• You must have either:  One disability that is rated at 60 percent or more o Multiple disabilities, with one disability rated at 40 percent or higher, and a total rating of 70 percent or more. 

At the time I was rated for TDIU P&T I was 90% combined rating...so I didn't meet the 100% scheduler rating.

They  use the 4.16.(b) extra scheduler to infer the TDIU P&T Be cause I could no long work due to my 90% combined S.C. disability's

Also since my 90% disability is chronic and is of nature and not expected to improve in my life time  no scheduled exams will be scheduled .

If you want to more on TDIU Criteria check with Mod broncovet  he is pretty sharp on the rating criteria  as he was IU AND JUST WON his EED Award   with NSC IU AND 100 & MDD BOTH CONDITIONS WARRANTS A 100% SC RATING.

but va only pays for one of the two  or veterans can't have two mental health conditions rated at the same time  or to better understand this  can have them rated and service connected for compensation purposes at the same time

 

As for as the TBI i don't think they knew what TBI was back in our Vietnam days  the TBI is fairly new to the rating system   so more and more of the Gulf war Veterans are getting diagnose for the TBI.

I would think a Vietnam combat Veteran could file a TBI Claim now days  as for as his SMR could read he was hit or was in a blast that caused his TBI...BUT I KNOW NOTHING ABOUT THE TBI its a new one and the way they determind or diagnose the TBI  I DO NOT KNOW HOW OR WHAT THEY USE TO DIAGNOSE A VETERAN WITH A TBI

We have some hadit members here that have been diagnose with TBI AND WAS GIVEN A RATING  BUT THEY ARE Gulf WAR VETERANS AND WHAT THEIR TBI CAN CAUSE OTHER CONDITIONS TO ARISE LATER ON IN LIFE  THAT THEY CAN GET SECONDARY CONDITIONS ADDED IN BUT THEY WILL NEED TO FILE SECONDARY CLAIMS  WILL NEED A WITH Qualified Dr;s nexus to the SECONDARY CONDITION  to be related to or caused by the TBI

 

TO SAVE AN ARGUMENT HERE WITH YOU

I am not saying only Gulf War Veterans can qualify for a TBI   ...if you were in a blast of any type or injury to your head while in the military and you have medical records to support your TBI CLAIM and it WAS A FAIRLY BAD INJURY TO YOUR HEAD.....THEN YOU WOULD HAVE A PROBATIVE CLAIM TO FILE.

NOW OF COURSE YOU WILL NEED A Qualify Dr to nexus your TBI to the injury that cased it, or was related to the TBI..OR IF SEIZURES WAS THE CAUSE OF A TBI  ect,,ect,,?

BUT I AM NOT THAT FAMILIAR WITH THE TBI.  AND DON'T THINK THE VA IS EITHER. (JMO)

Edited May 2, 2020 by Buck52

[Buck52]

 

Lemuel

if you need or want to know more about the TBI and its rating criteria  you may want to message hadit memeber ''jfrei''  he has been dianose with a TBI  and I'm fairly sure he can fill you in on what all he went through to service connect his TBI..ect,,,ect,,,

or make another post  on this subject  TBI ,so this Original Poster  can get his answers he was asking  about getting his TDIU and getting unemployment   ect,,,ect,,,

sorry to the OP we never meant to hi-jack your post.

Edited May 2, 2020 by Buck52

[Lemuel]

3 hours ago, Buck52 said:

Roger that!!

Reread my link 

• You must be a Veteran. • You must be unable to hold a job as a result of service-connected disabilities.

This means maintaining substantially gainful employment.

(VA considers odd jobs as marginal employment. They do not affect your eligibility for IU.)

And

• You must have either:  One disability that is rated at 60 percent or more o Multiple disabilities, with one disability rated at 40 percent or higher, and a total rating of 70 percent or more. 

At the time I was rated for TDIU P&T I was 90% combined rating...so I didn't meet the 100% scheduler rating.

They  use the 4.16.(b) extra scheduler to infer the TDIU P&T Be cause I could no long work due to my 90% combined S.C. disability's

Also since my 90% disability is chronic and is of nature and not expected to improve in my life time  no scheduled exams will be scheduled .

Sorry Buck.  Read the requirements as presented by the law firm as all inclusive not as either or.  Extra-schedular wasn't mentioned. The "and" should be changed to or with the added words presumptive.  The BVA will grant automatically unless you are in substantial gainful employment. (usually means poverty level but I was working above poverty level in a part time job, '87-'90, that the employer had to let me lay down when ever I was struck by an enervation.  I couldn't stand and deliver on demand.

I filed a tort case when I was in a fog but could still connect some dots in 1987.  Bray v Derwinski which picked up Brown and then another one before it was denied by the 9th under the Feres Doctrine.  Ordered a CD of it but Corvid shut the Riverside, CA Archives down after they cashed my check but before they scanned the file.  It wasn't decided until after the CAVC was set up.  Someone submitted it to the CAVC and they sent me a request for a filing fee to an old address.  You can look up the case searching for my name, Lemuel C Bray at the CAVC docket search site and it will list everything I've filed there.

I had noticed, in PTSD groups, after I was diagnosed with a TBI and possible seizures that the members of the group had a high rate of TBI incidents and a high rate of p. falciparum malaria, from blast concussions, from outgoing heavy artillery to the point of nose bleeds and ear bleads, and focal TBI.  3 of us filed.  I was the writer and the other two just signed.  The result was they got 100% PTSD and I got 30% traumatic brain disease.  The 8045-9304 code took on several changes over the year in nomenclature.

I believe that case, filed as a class action, is an unadjudicated claim for any law firm that would want to use it because we called ourselves member of larger classes.  If done as my claim in the extra-schedular rules, TBI that can be show to have caused employment problems could be taken back to at least the date of my first filing as a "next of friend claim" for all Vietnam vets who have had problems either from a documented TBI or from p. falciparum malaria.  Especially, blast concussion TBI and the cerebral malaria which cause primary damage to the fontal temporal lobes resulting in TLE.

I like to think that my demonstration on the Mall in DC from May to October of 1995 and then off and on in front of the VA Central Office planted the seed for that Newspaper article that got the TBI Act passed in 2008.  Evolved to include the blast proximity concussions since then.  Not sure it does outgoing but then there is better protective gear now for artillerymen and gunner's mates.

Seems like we've started a thread.  I haven't gone to page 6 yet.

[Lemuel]

2 hours ago, Buck52 said:

 

Lemuel

if you need or want to know more about the TBI and its rating criteria  you may want to message hadit memeber ''jfrei''  he has been dianose with a TBI  and I'm fairly sure he can fill you in on what all he went through to service connect his TBI..ect,,,ect,,,

or make another post  on this subject  TBI ,so this Original Poster  can get his answers he was asking  about getting his TDIU and getting unemployment   ect,,,ect,,,

sorry to the OP we never meant to hi-jack your post.

I have another thread on the subject of TBI.  Haven't transferred the new material there yet but will.  Wil check "jfrei" out.

[Buck52]

bumping  up!!!

[Newdisabledvet]

Based on my doctors note that states i am unable to work due to my bipolar. I also have my failed fitness for duty that says the same thing. 

My record for voc rehab was stopped before the full interview because time of the 5 docs notes. 

My file has been updated to waiting on one 4192. It has been sent in bu my employer. I should have a decision in 3 weeks.