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Old 08-16-2010, 05:15 PM
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Question Individual unemployability

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Not up on the way VA does things as most of You, so I ask: I'm sure it is much more to it than what I was told, and what the application for un-employability asked for. Basically
because of Diabetes, and other health issues I have not worked in 4 months. I guess one of the requirements is you must be at least 60% VA disabled. At any rate I submitted this to the VA about a month a go , and awaiting on some kind of correspondence from Them. Any type inside information on how to pursue this would be helpful. I'm sure it is not something simple.
Thanks a "bunch"
Topp Gee
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Old 08-16-2010, 05:54 PM
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It is solely focused on if you are able to be employed. Proof needed is testament to this fact such as a VA MD saying you can't work and why. All the medical evidence is not near as important as this.
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Old 08-16-2010, 06:02 PM
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Thanks
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Old 08-17-2010, 04:41 AM
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It's helpful if you have a service organization step in for you such as the DAV or the VFW so go to one of them to have one of their service officers step up for your application and apply some amount of priority to it. They are obligated by law to serve you even if you're not a member of their group.

There's what's known as the 50/50 rule although I'm pretty sure that it's not written in stone anywhere. 50/50 is a 50% service connected disability and the applicant being 50 years old or older. I've never known of 50/50 not being a given in the process.

If a VA doctor told you not to work then you have your total disability retroactive to the day you applied for it but DO NOT draw a pay check from any company or any one and make sure that the representing service organization knows of that doctors recommendation. Pay a dime into Social Security or the IRS and you loose unless it's a pention due to your disability / disability's.
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Old 08-17-2010, 02:34 PM
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Quite true. Don't file for unemployability if you plan to work another day. Unemployability means you can't work. Every year I get a threatening letter from the VA telling me they are checking to see if I paid into Social Security so they can cancel my unemployability if I have.

Also I think we already talked about the State of Tennessee having paid, full time vet reps for veterans.
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Old 08-18-2010, 03:31 PM
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I'll be working on this issue, I really don't plan on returning to work, unless I'm sitting down at a desk or what have You. Since I've developed PAD in My right leg with the blood clot, and surgery, it is still not right. I can't spend a lot of time on my feet. it is still painful. At any rate
I'm looking to draw social security at age 62, and that will probably happen before They act on this claim for un-employability.
I filed a claim of disagreement for their denial of a severe hearing loss (left ear), and hypertension which was both denied in March 2009. Can You believe today i received a letter
from VA regional after 15 months. So they have made a decision on my disagreement claim, and will be mailing the SOC (statement of the case) in the next few days. Trying to remain positive, but for some reason this word BOHICA keep coming to mind. After the C&P exam
for the hearing loss, the Doctor decided I needed to be fitted for a hearing aid. No matter what decision is made it is not the end of the world. It is nice not having to work, extra income would always help. I've told My Spouse "It is what it is". with PTSD issues, and hypertension I don't need the extra stress. We will wait , and see what happens. Thanks to all who have given Me insight, and directions I appreciate it.
Topp G
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