Any disabled vets out there?

[Fishfinder]

I have a service connected disability (not combat related).
I served 7 years, 4 years with the 82nd Airborne and 3 years with 1st Ranger Battalion, burned in on a jump in Ranger school, still managed to graduate, continued on for a few more years and got out on a medical discharge. It caught up to me a couple years ago with degenerative disc disease and no cartilage left in my hips. At 47 years old the VA replaced both of my hips, 6 months apart. My hips feel fine now and my back is what it is. When I could no longer work due to my hips the VA gave me 100% individual unemployability,which is supposed to be temporary. After my second total hip replacement I was supposed to be on 100% IU disability for one year, reavaluated, and given a permanent rating. A year after my second hip replacement I called the VA to see if the disability evaluation would be automatic or what. They said they had no claim in on my hip replacements and I was going to continue getting 100%. The best I can find out is that when you get 100% individual unemployability it continues for 5 years before you get re-evaluated. My VA rep told me to just wait and let the VA do whatever it is they are going to do. The only catch is I can’t have any “gainful or substantial employment “. In other words, I can’t earn more than the poverty rate. I just got a form from the VA asking about any employment I’ve had over the past year. I’m doing seasonal work at tourist attractions so I haven’t exceeded the poverty level for a single father with full custody of two children.
Is anyone else here on 100% individual unemployability disability? If so, what is your experience with it?

 

[Skysoldier]

Wish I could help! But I gave up on the VA back in 1974......

Good luck, and AIRBORNE!

 

[Waher]

You might want to see if an advocate at the New England Center & Home for Veterans, or another veterans service non-profit, can advise you how to best navigate your benefit situation.

 

[Cowgirlup]

I would want to know in dollars exactly what they consider gainful and substantial.
Then I would do what I needed to do to live and STFU.

 

[Cap'n Mike]

I recommend you start by contacting the Disabled American Veterans.
Disabled American Veterans (DAV) Department of Massachusetts
Nobody does a better job dealing with the VA on a Veterans behalf then them.
Its their entire reason to exist.

"Since our inception in 1920, the Disabled American Veterans (DAV) has worked diligently to procure benefits for disabled veterans and their families. We are a non-profit organization that has no affiliation with the government, nor do we receive any subsidies or funding."

 

[Fishfinder]

I would want to know in dollars exactly what they consider gainful and substantial.
Then I would do what I needed to do to live and STFU.

I asked about that and I can make under the poverty rate. Since I’m a single parent with 2 dependants I can’t make more than $20,000 a year. If I make more than that I will get re-evaluated, get a permanent rating of less than 100% and have to pay some back.
Once I get my permanent rating I can make as much as I want.

 

[TayNinh_66]

DAV can not provide a precise number because a precise definition of substantial gainful employment does not exist in VA regulations. It therefore becomes a subjective decision by whoever is adjudicating the claim. VA case law clearly defines some examples but does not provide a comprehensive definition. For example, marginal employment at odd jobs at less than half the usual remuneration won't be considered gainful employment. A seasonal job might be called marginal employment but that is a determination made by a VA adjudicator.

I am 100%, and friends with another 8 or 9 vietnam vets who are also 100%. Many due to TDIU. The ability to work under TDIU has been discussed by all of us. The consensus is to let a sleeping dog lie. Any employment at all opens the possibility that an adjudicator will decide that although you may not be employable at your old occupation you may be employable at your new occupation and therefore deny you permanent status. (although permanent is not permanent as VA can reevaluate your claim at any time for 20 years after award and no, you can't make as much as you want. In reality they stop sending the annual employment verification after age 70)

If your disability is unlikely to change or if your disability has remained unchanged for a period of 5 years or if you're over 55 the VA will not call you in for a reexamination. The temporary TDIU becomes de facto permanent. But.... if your employment verification triggers a flag then VA can request a reexamination to verify the continued existence or current severity of a disability. You want to avoid that scenario.

Let a sleeping dog lie (or as cowgirlup eloquently put it, STFU)

 

[SgtHal75]

Don’t wait! Take the fight to the VA or they will take your money and reduce your claim. I’ve been fighting them for over 10 years, my appeal is with a judge in DC right now. Are you over 55, that’s the only way they can’t tske it away I believe...definitely talk to the DAV and good luck!

 

[Fishfinder]

Don’t wait! Take the fight to the VA or they will take your money and reduce your claim. I’ve been fighting them for over 10 years, my appeal is with a judge in DC right now. Are you over 55, that’s the only way they can’t tske it away I believe...definitely talk to the DAV and good luck!

Well, I’m getting 100% right now and will continue to get 100% until they decide to reevaluate me at which point I will probably get a permanent rating of 80%.

 

[SgtHal75]

I’m not 100% or going for TDIU but I do know that u need to constantly seek treatment or the VA will cut u off. It sounds like some serious injuries u had. With that comes secondary issues as well. Throw everything at the VA and make them not want to deal with u and they will just mail the checks and u will be good.

 

[Rat187]

A warrior never gives up Kim, I am not saying your not a true warrior, You yourself told me your story at the ‘Cat’ a couple of years ago, I think you forgot we did have a few. It ranked up in the top 1% of the thousands of profiles in courage I’ve heard.

Let me tell you that in 1969, 9 months after my DEROS, as per after Title 38, I was well within the presumptive period, I walked in to the VA Psych clinic in Jamaica Plain. I was a ‘ghost’ soldier, lone friendless, jobless and forgotten. I was interviewed by a female doctor Who told me I had clearly met the criteria but they didn’t have any programs for Vietnam veterans but if I went to Boston City Hospital and said I was indigent they would treat me. I got treated alright, with large doses of Thorazine.

In 1974 I subpoenaed my records for Boston city Hospital and filed a claim with the VA my claim was rejected as without merit and I won’t go into what those details were. 15 years later in 1989 I walked into the Framingham Veterans Outreach Center and spoke to a person named Maggie she took down my bona fides and said I could get all kinds of help. My thinking process at the time was if anybody’s trying to help me they’re gonna try to hurt me. A year later I called a SF buddy of mine who have been treated there and asked him if she was the real deal, he said yes. it In 1990 I got validated for the very first time and with the help of Maggie and the Center I filed my very first claim since 1974.

Claim filed, I got into group counseling and realize I was not alone For the very first time . I then subpoenaed my records from the Veterans administration in 1969 and found out that they had left out some rather very important medical conclusions, deliberately.

I refiled my claim and appealed it two more times I finally I got justice. But I wanted my pound of flesh. I was the VA’s worst nightmare. My Crusade began by teaching hundreds of veterans in my unit who had gotten the same dirt shuffle how to find to fight a stacked system to hundreds of deserving guys in my unit; they in turn taught thousands. My last win was an old crew chief two days ago just announced to me that this claim was finally approved, they gave him 70% , I told him to appeal it because he was deserving.

My message to the OP is never give up, never, never, never, give up.

Almost forgot OP, when somebody tells you to STFU tell them to get effed....lol

This message my crusade honoring and getting justice for all of us that served.