service connection for seizure disorder and entitlement to a 100 percent evaluation based on unemplo

O

OUFAN

PEB Forum Regular Member
Registered Member
Hello everyone,

I am not sure I posted this in the right forum, but yesterday I recieved a letter from my Congresswoman that she recieved from the VA saying that the VA are currently processing my claim for service connection for seizure disorder and entitlement to a 100 percent evaluation based on unemployability. The evidence is being reviewed, and I will be notified of the decision or if any further action is required.

My question is if I am currently working, will I need to quit as soon as I recieve notice, or do I go on FMLA because unemployability can be reviewed annually? Does anyone have any answers? Please help.

Thanks,
Chad
 
Unemployability means you can't earn gainful employment due to your service connected disabilities. If you're working and gainfully employed, you don't meet the criteria. I'm not saying you should quit your job to get it - that is of course if you're unable to work and close to losing your job due to illness/disability. If your disabilities are so severe as to prevent gainful employment, you should also apply for SSDI.

Also, take a look here:
http://www.hadit.com/forums/index.php?/forum/77-tdiu-unemployability-claims/

jrl
 
Justrluk said:
Unemployability means you can't earn gainful employment due to your service connected disabilities. If you're working and gainfully employed, you don't meet the criteria. I'm not saying you should quit your job to get it - that is of course if you're unable to work and close to losing your job due to illness/disability. If your disabilities are so severe as to prevent gainful employment, you should also apply for SSDI.

Also, take a look here:
http://www.hadit.com/forums/index.php?/forum/77-tdiu-unemployability-claims/

jrl
Click to expand...

I understand that, I claimed the siezure disorder for service connection last year in August. I also was advised to ask for Unemployability back in Jun 2010 when I was denied for Voc Rehab in which I did and never heard back form the VA. This Febuary, I contacted my Congresswoman and this is what I am getting. I have been working since Oct 2010, however, I have missed well over a month's time due to hospitalization due to my illness.
 
OUFAN said:
I understand that, I claimed the siezure disorder for service connection last year in August. I also was advised to ask for Unemployability back in Jun 2010 when I was denied for Voc Rehab in which I did and never heard back form the VA. This Febuary, I contacted my Congresswoman and this is what I am getting. I have been working since Oct 2010, however, I have missed well over a month's time due to hospitalization due to my illness.
Click to expand...
 
Also, since they say they are processing can that still take up to a year for them to finish? Just asking, none of this makes since to me. I say this because they know that I am and have been trying to work, so why would they do this?
 
Yes, TDIU can take a while, BUT you can also file for expedited processing due to financial hardship. You'd need to submit a statement in support of claim along with the financial status report:
http://www.va.gov/vaforms/va/pdf/VA5655.pdf
Remember, though, as with other claims, you're not the only one claiming financial hardship. So many people are hit so hard by the recession and are unemployed - truly a national disgrace.
 
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