Always Consider Unemployability With These VA Ratings

  Рет қаралды 39,936

Perkins Studdard Veterans Law

Perkins Studdard Veterans Law

Күн бұрын

When a VA disability effects workplace performance to the point of loosing or possibly loosing your job, it may be time to pursue individual unemployability. Travis Studdard discusses what next step you should take after you have reached to maximum rating for your impairment or disease.

Пікірлер: 35
@karlnordinger5968
@karlnordinger5968 3 ай бұрын
Short and to the point . [ vets like it that way ]
@Pj192130
@Pj192130 4 жыл бұрын
I have 60% disability rating. Chronic knee pain torn meniscus, bone on bone Doctors don’t want to do surgery only as the last result due to DVT/PE long 4 1/2 commute daily on vanpool hard on knees.
@toolivepee9553
@toolivepee9553 2 жыл бұрын
I’m totally at 50% including my spine being 40% and my left lower & right extremities both at 10%. I have chest pains and pains in most areas including stress and discomfort
@Veterans_Lawyer
@Veterans_Lawyer 2 жыл бұрын
Thank you for your comment. It sounds like you may benefit from a free consultation. Please call my office at 770-214-8885 or visit our website veterans.perkinslawtalk.com to request a free consultation.
@benfritz3176
@benfritz3176 3 жыл бұрын
Had to take an early out from USPS in 2009, due to poor circulation and leg pain.
@joeljimenez2650
@joeljimenez2650 6 жыл бұрын
Hi Sir! I Have a question and I would like to know what you recommends me the most. I'm rathing %80. %10 from a lumbar spasm! The pain persists, I'm receiving shots for the pain and pills to calm my lower back pain witch now I'm having problems with my right leg. My Physiatrist did various exams on me including physical therapy , after an MRI was done they found That I have L3-4 minimal bulging disc without identation, L4-5 minimal bluging disc with encroachment upon existing nerve root. L5S1 minimal bulging with very minimal identation on thecal sac. Inspection= posture good, lordosis intact, shift none normal gait. 35 years old male with CLBP (13 years) without radicular signs or neurologic deficits. Prognosis= Chronic Pain Expected. Sir I would like to know if I have any chances after turn in this claim to expect a Higher Rating than the %10 that I have from my lumbar spasm?
@natesmith6713
@natesmith6713 5 жыл бұрын
Great info. What if your Service Related Disabilities caused you to have to retire earlier than you wanted/needed to?
@richardlona5931
@richardlona5931 6 жыл бұрын
I have a 50percent service connected rating for a right hip replacement and a10 percent service connected rating for my right knee I just had a left hip replacement at the VA hospital it was part of the original claim as well as my left knee and right shoulder these last three were put on hold for addendum I've already applied for unemployability was that the right thing to do I also applied for a year of 100 percent due to the left hip replacement was that the right thing to do
@toolivepee9553
@toolivepee9553 2 жыл бұрын
Where are you now
@raykesterlouisfestin4991
@raykesterlouisfestin4991 6 жыл бұрын
i just got approved this September 5 2017 a total rating of 80% Disability and 70% of that is Major Depressive Disorder. and i have been unemployed for over a year and i just filed TDIU this September 15, 2017. and still receiving Monthly treatment session from the VA hospital with high doses of medications. my VA medical records clearly states that my psychiatrist and psychologist evaluation about my symptoms is that i have serve major depression and i have been unemployed for over a year. Any advice about my case?
@Veterans_Lawyer
@Veterans_Lawyer 6 жыл бұрын
+ray kester louis festin happy to get more info from you privately to see what we might be able to do. You can fill out a consultation request on our website www.WinYourVetClaim.com
@willardwhitfield8363
@willardwhitfield8363 2 жыл бұрын
What's your opinion on TDIU benefits for a 50% rated somatic symptom disorder with non specific depression
@marknorris184
@marknorris184 3 жыл бұрын
I’ve been on SSDI since 2011. Rated 90% by VA. 70% major depressive disorder. Why have I been denied twice for TDIU. A VA decisión letter in 2011 mentioned I met the scheduler requirements. I’m 70, 60, 20, 20, 10, 0% now adding up to 93 points. Most recently denied TDIU 2019. If ever granted TDIU, can an attorney maybe help with back pay?
@ChillingWithMel22
@ChillingWithMel22 6 жыл бұрын
My husband just received his 80% rating he has diagnosis of a fatty liver and serve 17 years in the military we got information back saying that the fatty liver did not happen while he was in service but we have documentation showing in his medical record that it started in 2006 my husband got out of the military and 2016 for depression they rated him zero my husband also has sleep apnea had almost amputation of his finger and had two surgeries on it this happen while working in the Coast Guard he also had back surgery and has metal rods in his back as well and had back surgery in 2009 he also has carpal tunnel has arthritis and also debilitating headaches and migraines I don’t believe that he filed for migraines either but they are pretty debilitating for him among other things I would really like to know your opinion and if you think he could possibly get that rating up to 100%!!!
@Veterans_Lawyer
@Veterans_Lawyer 6 жыл бұрын
+Melanie L thanks for providing that info; however, we would need to know more and see some records before knowing what might be possible in his claim. Feel free to reach out to us on our website www.winyourvetclaim.com for a free consultation.
@akila219
@akila219 2 жыл бұрын
Had to quit my job due to worsening PTSD symptoms few months ago. Can i apply for SSDI in California?
@ruppertb320
@ruppertb320 7 жыл бұрын
I have 80% combined. I have anxiety (GAD) and chronic pain. I lost my last job due to anxiety and depression? Can/ should I apply for this?
@Veterans_Lawyer
@Veterans_Lawyer 7 жыл бұрын
+Benjamin Ruppert We would probably need to know a little more to say for sure, but anytime you are at that level and unable to work it is probably worth considering filing. Contact us through our website www.WinYourVetClaim.com so we can learn more about your situation.
@lovelypollito
@lovelypollito 6 жыл бұрын
I have 50% disability and lately is been getting worse I can’t work right now and am focusing on getting counseling again. Can me being 50% help? Am not 70%
@Veterans_Lawyer
@Veterans_Lawyer 6 жыл бұрын
It's hard to say without seeing what your disabilities are and the rating for each. If you want to get in touch through our website www.winyourvetclaim.com we can take a look.
@civildk9077
@civildk9077 3 жыл бұрын
T/F "IF, a disabled veteran ON SSDI, (considered 'totally and permanently disabled'/ due to inability to attain and maintain employment mentioned) applies for IU, effective date, based upon SSA findings (aged 49-56), should (meaning IS IT 'REQUIRED') THE VA 'automatically', use the SSA records OR is my 'current' VA representative 'negligent' for NOT insuring the SSA records were used or even 'mentioned' in the HLR process for -Compensation Issue"? FYI folks (paying 33% of ANY compensation VA standard is 20% for direct payment to VA representative) @t (f) Presumptions and discharge. (1) Fees which do not exceed 20 percent of any past-due benefits awarded as defined in paragraph (h)(3) of this section shall be presumed to be reasonable if the agent or attorney provided representation that continued through the date of the decision awarding benefits. Fees which exceed 33 1/3 percent of any past-due benefits awarded shall be presumed to be unreasonable. These presumptions may be rebutted through an examination of the factors in paragraph (e) of this section establishing that there is clear and convincing evidence that a fee which does not exceed 20 percent of any past-due benefits awarded is not reasonable or that a fee which exceeds 33 1/3 percent is reasonable in a specific circumstance
@salomewilson9032
@salomewilson9032 4 жыл бұрын
I know this video is a year old but, I'm just seeing this video, I'm at 80%. You did not mention where I should apply for unemployability.
@ninodon1335
@ninodon1335 4 жыл бұрын
ebenefits file new claim its a tab on ur new claim it takes 45 min to complete
@DavidEVogel
@DavidEVogel 3 жыл бұрын
I am a 30 percent disabled veteran. My VA payment is $441/month. It is subtracted from my USAF retirement check.
@tommartin5667
@tommartin5667 2 жыл бұрын
I understand that once you are 50% they no longer reduce your military retirement.
@DavidEVogel
@DavidEVogel 2 жыл бұрын
@@tommartin5667 I believe that is true. There may be stipulations such as "combat related." Veterans organizations (DAV) have been arguing against the double dipping rule for decades. Presidential candidates make promises, but after elected they forget all about it.
@jamestaylor1754
@jamestaylor1754 2 жыл бұрын
@@DavidEVogel once you get to 50% you will receive your full retirement pay and the VA disability pay. It is called concurrent receipt. When I retired I was at 10% but through the years I increased. When I got to 50% I received both. This law was enacted during the Clinton administration.
@DavidEVogel
@DavidEVogel 2 жыл бұрын
@@jamestaylor1754 thank you
@PAFloridian
@PAFloridian 6 жыл бұрын
Does sleep apnea fall in this category?
@Veterans_Lawyer
@Veterans_Lawyer 6 жыл бұрын
+The OS - not by itself because you generally need a combined rating of 70% with one disability of at least 40%, or one by itself at 60%. However, when combined with others is sometimes will merit consideration as part of the 70/40% scenario. Also, if treated with a CPAP or similar device it usually won't preclude employment by itself.
@reggiejones6716
@reggiejones6716 5 жыл бұрын
I have 50% migraine, 10 % left ankle, and 10% for my hearing and was denied for unemployable disability they say i didn't meet the requirements but my attorney put in a repeal and a clam for sleep apnea, my question is how do they rate our disability??
@g.alistar7798
@g.alistar7798 3 жыл бұрын
Is their an age limit for unemployability? Can you get this rating after 65 or 70 years old?
@thinkforyourself9334
@thinkforyourself9334 2 жыл бұрын
Yes you can. No age limit
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