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Do I Appeal? What Would You Do?


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14 replies to this topic

#1 fiasco007

 
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Posted 28 July 2012 - 03:58 PM

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.


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#2 john999

 
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Posted 28 July 2012 - 05:19 PM

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

#3 fiasco007

 
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Posted 28 July 2012 - 06:46 PM

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? Posted Image Can you even go over 100%?

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


#4 broncovet

 
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Posted 29 July 2012 - 05:34 AM

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.

#5 broncovet

 
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Posted 29 July 2012 - 05:37 AM

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.

#6 deanbrt

 
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Posted 29 July 2012 - 08:40 AM

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....

#7 john999

 
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Posted 29 July 2012 - 03:09 PM

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

#8 fiasco007

 
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Posted 29 July 2012 - 03:39 PM

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

#9 fiasco007

 
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Posted 29 July 2012 - 07:37 PM

Dot09, You da man. Thanks

#10 fiasco007

 
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Posted 29 July 2012 - 07:51 PM


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

#11 deanbrt

 
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Posted 29 July 2012 - 08:02 PM

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

#12 StreetWalker

 
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Posted 30 July 2012 - 01:09 AM

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


They are the same.

#13 john999

 
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Posted 30 July 2012 - 01:03 PM

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

#14 fiasco007

 
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Posted 01 August 2012 - 03:14 PM

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.

#15 fiasco007

 
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Posted 02 August 2012 - 09:23 PM

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.




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