Answers From The VA Question Bag

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How can I request a waiver to not pay back the debt?

 To request a wavier you need to explain, in writing, the reasons you feel that you should not be held liable for your debt. Please explain the circumstances leading  up to the overpayment, and the steps you took to prevent the overpayment from occurring. You should also complete and return the Financial Status Report (VAF 20-5655), which was enclosed with your notification letter.

I filed a claim for unemployability due to PTSD. I told the DAV rep I was 100 percent disabled from Social Security for a physical disability, but he didn't want to use that information for now. I told a VSO the same thing and he said to use the information. What should I do?

 The VA is supposed to consider information from Social Security is you want them to, but...if you are 100% from Social Security for a physical condition, don't use that information in a PTSD claim because the VA could argue that you're unemployable because of the physical condition and not the PTSD, even though PTSD is the major problem. This could increase delay time for adjudicating the increase. The DAV rep is suggesting the smart move.

Is there any advantage to filing a claim for Type 2 Diabetes when I’m already 100% Unemployable?

  If you have been unemployable for at least ten years, there is no real advantage. You get treated for everything anyway after 50%. But if you have only been  rated UE for a few years, you must die of your service connection to make your spouse eligible for DIC survivor benefits. So if you were unemployable for PTSD and you died of complications from Type 2 Diabetes, but you were not service-connected for it, your spouse may have a hard time collecting DIC even though you were 100%.

  So below ten years unemployable, I would file. After ten years, you’re covered for any illness that can kill you so it’s not that important if you are total and permanent. It’s all about our wives or minor children if we have them. So I guess I would have to say file the claim, especially for Type 2 or any other Agent Orange related illness because it’s considered presumptive, and if you have it you get an automatic service connection.

If I am rated 100% for unemployability, can I do any kind of work at all?

  You can work as long as it’s not long term full time employment for a year or more. You can also help out in a family business or have scattered employment as long as it’s not long term full time employment. If you have your own business and show a huge income to the IRS, that could be a problem with the unemployability rating because  you are able to support yourself.

  The VA always sends me a paper every year wanting to know if I had taxable income or wages that were subject to Social Security. I imagine they will begin sending all kinds of papers to anyone on unemployability in the future, trying to find out if your ability to make money is restored.

  Just remember, working a few days a month or helping a family business on a scattered basis does not mean your earning capacity is restored. Being restored means a regular full time job.

Can the VA take away my money award?

  Generally, for physical disabilities, the VA can reduce your compensation, even for combat wounds, if the condition improves to the point where it has no effect on your life.

  For PTSD, once you are service-connected, you are pretty much service-connected for life. There is no cure for PTSD, and once you have a percentage for five years, the VA would have to review the entire claim history before cutting your percentage. They can call you in for Comp Exams, and they can give you a high GAF score on a given day. Just because you may feel good on a given day, doesn’t mean you are cured. And they cannot reduce you for a temporary improvement in your condition.

How long should it take a claim for unemployability to be granted?

  There is no way of telling because each case and RO is different. For PTSD, when it is the only disability, it shouldn’t take more than a few months is you are rated 70%. If you meet the combined criteria for unemployability for physical wounds or other disabilities, then it may take longer because the VA deals with each disability as it rates to working. The only good thing in waiting is that it will probably go back to the last day you worked or back to the day you filed. I’ve known a few vets who received over $100,000 in back pay by the time it was over. The main thing is to not give up when you have a good claim.