Received VA rating
- Thread starter drago
- Start date
First, good deal and congratulations on the verbal confirmation receipt of your DoVA proposed rating!
Second, dependent upon what your PEB referred unfitting condition(s) is(are) could lend some explanation as to way the DoD side didn't have any associated DoVA rating.
To that extent, how many PEB referred unfitting condition(s) did you have in total and what are those unfitting conditions?
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."
Best Wishes!
unfitting referred conditions were lower back condition w/rad, cervical condition w/rad, left carpel tunnel, right cubital tunnel, and for some reason they had my sleep apnea on there too. If I'm 100% VA can I still work at least part time if my condition improves?
also Im thinking this will help me qualify for SSDI until I improve as well?
As based upon all medical evidence available at the time the DoVA D-RAS adjudicated your DoD IDES case file, it seems that any potential DoVA rating assignment for your PEB referred unfitting conditions could have been ROM-based any they received a military service-connected DoVA 0% proposed rating.
To that extent, if "painful motion" was considered and applied then you should have received at least a DoVA 10% proposed rating for each of your "lower back" condition, and your "cervical" condition.
From my experiences, you should have at least been awarded a DoVA 10% proposed rating for your "left carpel tunnel" and a DoVA 10% proposed rating for your "right cubital tunnel" if the available medical evidence showed symptomatology supportive IAW the VASRD.
Hmm, in reference to your sleep apnea as a PEB referred unfitting condition, did you have a sleep study performed which resulted in an official diagnosis? If so, were you mandated to use the CPAP or BIPAP machine?
Indeed, if you receive a DoVA 100% Schedular final rating without a "total disability" or "P&T" increased rating designation, then you are authorized to seek any employment of your choice.
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."
Best Wishes!
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In retrospect, if a SSDI applicant potentially wants that "disabled" SSDI determination, it's in the applicant's BEST interest to thoroughly and accurately complete ALL requested SSA DDS documentation in a timely manner. Believe it or not, especially if the SSDI applicant identifies themselves as a "Wounded Warrior and/or veteran rated 100% P&T" eligible, the SSA DDS are trying to make a swift well-informed medical determination.
Upon completion of the SSA SSDI process, it's a good idea to request a complete copy of your SSA case file (for a nominal fee) upon availability. The "disability determination explanation" packet will include at a minimum "findings of fact and analysis of evidence" and an "assessment of vocational factors" write-ups which are very detailed to yield better explanations of any potential SSDI denial.
Upon the successful award of a "disabled" determination by SSA SSDI criteria via the State DDS since it's not a
permanent disability compensation federal program, the SSA has special rules which allow an individual to work temporarily without losing their Social Security disability benefits.
With the Ticket to Work program, Work Incentives are available to you when you assign your Ticket to an Employment Network. Work Incentives make it easier for adults with disabilities to work and still receive health care and cash benefits from Social Security. Also, Work Incentives allow you to remain in control of your finances and health care during your transition to work and financial independence.
Indeed, you are eligible for several Work Incentives: the Trial Work Period (TWP) for SSDI recipients only, the Expedited Reinstatement (EXR) for both SSDI and SSI recipients, and the Protection from Medical Continuing Disability Reviews (CDR) for both SSDI and SSI recipients.
In particularly for the SSDI recipients only, the SSA's TWP allows an SSDI recipient to test their ability to work for at least nine months (not necessarily consecutive) in a rolling 60-month period without losing benefits. As long as the SSDI recipient remains disabled, they can get full Social Security disability benefits during those nine months no matter how much the SSDI recipient earns as a maximum limit, but in 2014 any monthly earnings which exceeds $770 is considered a month of services for an individual's TWP.
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."
Best Wishes!
wow thats a lot of helpful info in a nutshell, thanks. I was diagnosed with and have a CPAP. VA really messed my ROM on my back and neck so I got PT to document my true ROM. Pain wasn't noted in many condition so I wrote a letter explaining all errors prior to submitting. Everything I did was thanks to members like you and this forum.
Indeed, you are quite welcome!
Outstanding, that's very good to hear; we all appreciate the feedback for sure!
That said, please remain positively proactive throughout all of your interactions while in the DoD IDES MEB/PEB process!
To that extent, remember to never default acceptance to potential injustice; get those DoD IDES programmatic errors corrected as soon as possible. Take care!
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."
Best Wishes!