17 replies to this topic

[fiasco007]

So I recieved my proposed rating of 90% "see below". I know they low balled me on a couple of issues, and a couple of those "10%'s" could/should easily be 20-30% or more. Since I got 90% already, "I feel lucky and fortunate to recieve this much"

Is there any benefite to me appealing their decisions on some of the below contentions? (NOTE) I dont think any of my contentions that I would appeal would garner a 50% or more rating. Maybe 50% if I am lucky.

Since I am at 90%, can I apply for the TDIU even if I plan on working when I get out?

Edited by fiasco007, 28 July 2012 - 04:25 PM.

[john999]

If you are going to apply for TDIU you can't work. Keep going to the VA and maybe some of your conditions will get worse and you can appeal and get 100%. It is really hard to get from 90% to 100%. I know since I am 90%. Like you say, you need at least another 50% to get to 100% schedular. How much can you earn? If you are under say 50 years old and can get by on your work income and your 90% I think I would rather work and maybe get vocational rehab.

John

[fiasco007]

If you are going to apply for TDIU you can't work. Keep going to the VA and maybe some of your conditions will get worse and you can appeal and get 100%. It is really hard to get from 90% to 100%. I know since I am 90%. Like you say, you need at least another 50% to get to 100% schedular. How much can you earn? If you are under say 50 years old and can get by on your work income and your 90% I think I would rather work and maybe get vocational rehab.

John

Thanks John,

I will definitly be working when I get out. I am only 37, and cant picture myself at home with the wife and kids and not having an escape that I go to everyday. So is there a difference between being 100% combined, and TDIU?

just for gee-whiz purposes. suppose i get several of my conditions a higher rating. Can you go over 100% and still work? Can you even go over 100%?

Edited by fiasco007, 28 July 2012 - 06:47 PM.

[broncovet]

If your depression claim was applied, but not adjuticated, file a NOD on the basis that they neglected to consider your depression claim. In some circumstances, the VA failure to adjuticate is "deemed denied" by the courts.

If you plan to go back to work, then dont apply for TDIU. The VA will find out about it, and it wont be a good result.
With TDIU you have to "recertify" every year that you are unemployed..it isnt a one time thing.

To get to 100% from 90% you dont need another 10%...you need another 50% rating...its the VA math.

[broncovet]

A 100% rating does not preclude employement. However, there is some discussion as to whether a 100% mental disorder precludes employment, because the schedule of rating disabilities for mental disorders states that 100% is total occupational and social disability.

[deanbrt]

If it is 100% and TDIU and you work I think you are asking for trouble. Different story for 100% Scheduler.. Although there again I think if it is 100% you are inviting ,more scrutiny. Better off with 90% if you want to work. My opinion....

[john999]

Yes, you actually can go over 100%. If you get 100% plus an extra 60% you get "housebound" which is an extra 300 some odd dollars a month. You can also get special monthly compensation for a number of conditions that would pay you more than 100%. I got TDIU plus 60% and I got "housebound". With your rating you could get vocational rehabilitation which is training which pays for all your materials for schools and gives you monthly money. That is if you can't find a job. You can get unemployment while you look for work. If I was 37 I would want to work as well or go to some good school where I could get a job that I could do with my disabilites. No physical labor jobs. I worked at the USPS for 20 years and that made my problems worse due to hostile working conditions and the work itself.

John

[fiasco007]

If it is 100% and TDIU and you work I think you are asking for trouble. Different story for 100% Scheduler.. Although there again I think if it is 100% you are inviting ,more scrutiny. Better off with 90% if you want to work. My opinion....

Guys, please forgive my ignorance. I'm new to this and i'm still trying to figure out the differences between all the scenerios. So....
Whats the diff between TDIU and 100% schedular?

I'm definitely going to work, but would like to collect all that I am eligible for. "does that sound greedy?" Its hard to make it paycheck to paycheck as it is, I couldnt imagine not working. I have 2 small kids, that keeps the wife at home, so it will probably be a couple of more years before she can look for work again

[Dot09]

Guys, please forgive my ignorance. I'm new to this and i'm still trying to figure out the differences between all the scenerios. So....
Whats the diff between TDIU and 100% schedular?

Schedular is all your VA percentages added up to equal 100% using the VA calculating math. Total Disability Individual Unemployment is someone that does not meet 100%, but falls in the guidelines of having at least one rating at 40% and with a combine rating at least 70%. However, there are instances for people to be award TDIU not fully meeting that requirement. I've attached a Bilateral and regular Va Math Calculator.

I'm definitely going to work, but would like to collect all that I am eligible for. "does that sound greedy?" Its hard to make it paycheck to paycheck as it is, I couldnt imagine not working. I have 2 small kids, that keeps the wife at home, so it will probably be a couple of more years before she can look for work again

No that does not sound greedy. If you were injured in the service then it is your right to claim that. In my opinion, you should definitely appeal the Depression. In addition, I would use the Ch 31 program Voc Rehab and elect the pay of either the post 911 or the Voc. Which ever one is higher in pay for you.

Attached Files

•  Copy of VA Rating Table.xls   53K   7 downloads

Edited by Dot09, 29 July 2012 - 06:23 PM.

[fiasco007]

Dot09, You da man. Thanks

[fiasco007]

So what is the difference in pay for a 100% scheduler, and a TDIU?

[deanbrt]

TDIU (Total Disability, Individual Unemployabilaty) by definition implies you cannot work.

[StreetWalker]

So what is the difference in pay for a 100% scheduler, and a TDIU?

They are the same.

[john999]

You know self-employment is a good deal for those with pretty serious disabilites. You don't have anyone telling you that you are not working hard enough etc. If you can find something that fits your limitations and be your own boss you will last longer.

John

[Dot09]

Fiasco,
I've been reading more of your topics that you have been posting.. I would definitely hit your 20 year mark. Have you had a Audiology for your hearing. If you have decreased hearing then you should file that as well. Here's my advice, look through all the title 38 codes of federal regulations of disabilities that I have attached. If you have symptoms or believe you do then get an appointment. By getting appointments and care they cannot discharge you without a good bill of health. This will also help blow some time.

http://ecfr.gpoacces...1.1.5.2&idno=38

Good Luck and Don't Let Them Jerk You Around
Jon

Edited by Dot09, 30 July 2012 - 11:27 PM.

[fiasco007]

Fiasco,
I've been reading more of your topics that you have been posting.. I would definitely hit your 20 year mark. Have you had a Audiology for your hearing. If you have decreased hearing then you should file that as well. Here's my advice, look through all the title 38 codes of federal regulations of disabilities that I have attached. If you have symptoms or believe you do then get an appointment. By getting appointments and care they cannot discharge you without a good bill of health. This will also help blow some time.

http://ecfr.gpoacces...1.1.5.2&idno=38

Good Luck and Don't Let Them Jerk You Around
Jon

Awesome. Thanks for the help guys. I will definitely be appealing the DOD/MEB decision to try and make my 20. I'm just going to appeal everything they throw at me until I hit 20 or get really close to it. From what I hear, the Secretary of the AF is 14 months behind with appeals so I think I have a really good shot of making it.

[fiasco007]

The funny thing about the hearing. Is that my hearing has actually improved over the past 19 years, "so the VA tells me". I dont think I can hear that well, but whatever.

[Dot09]

The funny thing about the hearing. Is that my hearing has actually improved over the past 19 years, "so the VA tells me". I dont think I can hear that well, but whatever.

A loss is a loss.. I was awarded 0%, but that at least put my foot in the door.