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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:

      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
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      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.

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      • 3 replies
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Ocean

Is it possible to get a letter stating I am unemployable?

Question

Posted (edited)

Hello,

Since 2011, I have done my best to chug along while dealing with the bumps and bruises of war. The VA rated me as P&T in 2018, at 100%; which I am so grateful for but I am now needing to lean in for SSDI. I was rated for a cervical neck fusion, which only partially repaired a nerve problem and I have chronic migraines, and lose feelings in my hands. I also have PTSD, Major Depressive Disorder, Adjustment Disorder, and Panic Disorder. I have needed to work from home, as an ADA accommodation, since 2015.  As of 2017, this has become even more of a challenge and I have been on medical leave after medical leave most lasting over six months. In 2018, I attempted to use the VR&E program but was denied as my disabilities were too severe and they said no job they could offer would have the same amount of accommodations as I was getting/needing.  I applied for Social Security in January of this year, as I have been on a medical leave as of 8/2019, but was denied. I got the letter from Social Security which acknowledged my disabilities but said I could find work somewhere. I know I dont qualify under the Unemployable clause, but was not sure where to go. I checked eBenefits and it looks like my VSO dropped me as I havent been in contact for over a year? I also dont mind if I need to sign a form with the VA stating I am not able to work or earn an income; if that matters.

 

Edited by Ocean

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Posted (edited)
38 minutes ago, Ocean said:

Hello,

Since 2011, I have done my best to chug along while dealing with the bumps and bruises of war. The VA rated me as P&T in 2018, at 100%; which I am so grateful for but I am now needing to lean in for SSDI. I was rated for a cervical neck fusion, which only partially repaired a nerve problem and I have chronic migraines, and lose feelings in my hands. I also have PTSD, Major Depressive Disorder, Adjustment Disorder, and Panic Disorder. I have needed to work from home, as an ADA accommodation, since 2015.  As of 2017, this has become even more of a challenge and I have been on medical leave after medical leave most lasting over six months. In 2018, I attempted to use the VR&E program but was denied as my disabilities were too severe and they said no job they could offer would have the same amount of accommodations as I was getting/needing.  I applied for Social Security in January of this year, as I have been on a medical leave as of 8/2019, but was denied. I got the letter from Social Security which acknowledged my disabilities but said I could find work somewhere. I know I dont qualify under the Unemployable clause, but was not sure where to go. I checked eBenefits and it looks like my VSO dropped me as I havent been in contact for over a year? I also dont mind if I need to sign a form with the VA stating I am not able to work or earn an income; if that matters.

 

The best and most simplest answer IMHO is to hire a SSDI lawyer. You can contact one of the Big firms that you see on TV.  If one says no, contact another. Most don't understand that in order to get SSA benefits, you will have to get attorney. It is a hidden fact that most SSA denials are granted during the appeal period and you have to have a lawyer. With VA a veteran can go it on his/her own but with SSA claims, the lawyer is key to winning your claim.  Also make sure you don't miss any deadlines. If your deadline has past, re-file your claim and when SSA denies you, get a lawyer fast.  Most lawyers will take your case pro bono (Which means) you don't pay unless they win, and when they win, their payment will come from your retro payment.  I think you will have to sign an contact agreement to a 20-30% or the max about $6000.00 but you do get your benefits. It should be a clear case of winning but most people including veterans have to have that lawyer to win. One reason why SSA denied your claim is that you were still on medical leave. You have to be not working and not on medical leave. You can ask your PCP and or your mental health doctor to write a letter that you cannot work due to your medical/mental condition. If you have a VR&E letter that states that you cannot be trained this will help also.

Edited by pacmanx1

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Thank you for the reply, I will obtain a lawyer. 

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Getting a lawyer is a good choice, however, even if you do, you will still need a statment that you are unemployable.  However, this statement will need to be MEDICAL evidence of 1 or 2 ways:

1.  A Doctor will need to sign a statement that your sc conditions render you unable to maintain SGE.  OR

2.  A voc rehab specialist will need a similar opinion.  

     Clifford Parker is the Voc rehab specialist I used, he wrote the letter, after reviewing my evidence, and then wrote an IMO.  It was reasonable, under 1000 dollars.  He took 2 payments on my credit card.  

     A lawyer "may" up front that cost, but you would have to discuss that with the lawyer.  

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On 5/18/2020 at 11:20 AM, broncovet said:

Getting a lawyer is a good choice, however, even if you do, you will still need a statment that you are unemployable.  However, this statement will need to be MEDICAL evidence of 1 or 2 ways:

1.  A Doctor will need to sign a statement that your sc conditions render you unable to maintain SGE.  OR

2.  A voc rehab specialist will need a similar opinion.  

     Clifford Parker is the Voc rehab specialist I used, he wrote the letter, after reviewing my evidence, and then wrote an IMO.  It was reasonable, under 1000 dollars.  He took 2 payments on my credit card.  

     A lawyer "may" up front that cost, but you would have to discuss that with the lawyer.  

Thank you broncovet, I sent you a Private Message. I would like to talk to Clifford Parker for the same service. 

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      Fund HadIt.com Veteran to Veteran LLC


      Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 
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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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