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100% For Ptsd P&t But Employable


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17 replies to this topic

#1 sfc ret

 
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Posted 26 January 2012 - 09:23 PM

At a recent visit to the VA I was told buy a employee that I should be unemployable because of the 100% rating for PTSD. He referred me to another office to ask about this and possibly get it corrected. I went there and was told according to my paperwork I'm considered employable. My paperwork says employability is a moot point.
So which is true?
I remember reading somewhere that if you are 100% for PTSD you are unemployable?
I dont work and have not worked since leaving the army over two years now. How does becoming unemployable benefit me?

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#2 carlie

 
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Posted 26 January 2012 - 09:49 PM

At a recent visit to the VA I was told buy a employee that I should be unemployable because of the 100% rating for PTSD. He referred me to another office to ask about this and possibly get it corrected. I went there and was told according to my paperwork I'm considered employable. My paperwork says employability is a moot point.
So which is true?
I remember reading somewhere that if you are 100% for PTSD you are unemployable?
I dont work and have not worked since leaving the army over two years now. How does becoming unemployable benefit me?


Apparently you are rated at SC'd at 100 percent due solely to PTSD -
this rating in of and by itself means your are unemployable - hence the 100 percent compensation.
This is a 100 percent scheduler rating that you have.
There would be no reason for you to get rated as unemployable (TDIU).
In your situation TDIU is a moot issue.

"At a recent visit to the VA I was told buy a employee that I should be unemployable because of the 100% rating for PTSD."

The person above has no idea what they are talking about and I would completely disregard
what they say.
JMHO

#3 Philip Rogers

 
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Posted 26 January 2012 - 10:02 PM

Carlie's hit it on the mark! By virtue of being rated 100% schedular, for PTSD, you can't work. If you do, you will probably be reduced. If you want to and can work, go ahead but plan on having your VA comp reduced. Once you are rated 100% schedular, TDIU is no longer an issue.

pr

#4 Gulfvet45

 
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Posted 27 January 2012 - 04:27 PM

you are 100% SC leave your claim alone. I had a vet that went on his own and pushed the IU even when the regulation states that at 100% SC you are not to do the claim. he was 100 SC pTSD HB. he lost the HB went to 70% got the IU. asked me to fix it. Sorry I siad I do not go back to fix something when you go behing the back.

Point is you have the 100% SC by regulation IU is not to be done as it is to only give a vet the pay to 100% something you are getting. That is why it is always the last part of the claim worked.

At a recent visit to the VA I was told buy a employee that I should be unemployable because of the 100% rating for PTSD. He referred me to another office to ask about this and possibly get it corrected. I went there and was told according to my paperwork I'm considered employable. My paperwork says employability is a moot point.
So which is true?
I remember reading somewhere that if you are 100% for PTSD you are unemployable?
I dont work and have not worked since leaving the army over two years now. How does becoming unemployable benefit me?



#5 carlie

 
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Posted 27 January 2012 - 05:32 PM

Adora,
I don't understand the disagreement.
He's rated at 100% for PTSD.
Why would there be any reason to file a claim for unemployability -
IU would be a moot issue.
Help me understand what your disagreement is ?
Thanks

#6 Wings

 
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Posted 27 January 2012 - 09:23 PM

Adora,
I don't understand the disagreement.
He's rated at 100% for PTSD.
Why would there be any reason to file a claim for unemployability -
IU would be a moot issue.
Help me understand what your disagreement is ?
Thanks


I agree that in this instant case, TDIU is a moot issue.

Here the BVA concludes,

1. The schedular criteria for an initial rating of 100 percent for PTSD have been met. 38 U.S.C.A. §§ 1155, 5103,
5103A, 5107 (West 2002); 38 C.F.R. § 4.130, Diagnostic Code 9411 (2002).

2. Because a 100 percent rating is warranted under schedular criteria, a claim of TDIU may not be considered. 38 C.F.R. § 4.16(a) (2002).

Edited by Wings, 28 January 2012 - 04:55 AM.


#7 mobie16r

 
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Posted 28 January 2012 - 12:33 PM

Individual unemployability and Increase for PTSD is two seperate claims.Individual unemployability is schedule for veterans when you are rated less than a 100%, and unable to be gainful employable due to your service connected condition.When you getting a 100% rating for PTSD,the claim for TDIU becomes a moot point and being rated a 100% for PTSD you become total disable. That means you shouldn"t work

#8 sfc ret

 
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Posted 01 February 2012 - 09:31 PM

Thanks for all the replies. I have a better understanding now.
I don't work and don't plan on getting a job


#9 10thFO

 
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Posted 21 March 2012 - 08:02 AM

Late to the case, but here's the answer you need to hear. If you are rated 100% PTSD, if you read the rating rules for that diagnosis, then you cannot hold a job. So if you were to go out and get one, that would render your 100% ruling untrue, and you would fall back to at least 70 if not 50%. Now with other 100% ratings you can still work, but not the case with PTSD, because the basis of that finding, is that you are unable to work, or function in society for the most part.

#10 Philip Rogers

 
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Posted 21 March 2012 - 08:32 AM

I've been thinking this one over and we perpetuate the belief one can't work w/a 100% PTSD rating. Does anyone know, "for sure," of someone rated 100%, schedular, just for PTSD that has been reduced for working?? While part of the description for a 100% rating includes the inability to work, one does not need to meet all the criteria, for the 100% rating. And if unemployability is a moot issue, than why not??? Any thoughts??

pr

#11 10thFO

 
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Posted 21 March 2012 - 08:53 AM

Phillip it might be challengable, but the DSM IV R has been based upon many findings. I would hate to think that I would be the person, that would challenge it and lose my benefits is all. I have a friend taht works at SS, and she told me that I could work for up to a year or so, and if it didn't work out, they would take that as further evidence that I couldn't work, but I don't know that the VA works under the same conditions.

I struggle with my PTSD IU weekly, but when I honestly assess it, I know that I can't be what I was before. It saddens me, but the prospect of me trying and failing again and again, just because of pride has to stop at some point. And when the guy from VA occupation therapy suggested that i work as a night clerk at a hotel, before I got my papers that week from my PTSD inpatient unit, I almost flipped on him.

Was one of the most stressful times of my life, other than combat, and I wondered, why do I want to do this to myself again. Yes I do, want to feel better, but if I sit back and listen to my doctors, I realize, that percentages say I will fail, (and I was very succesful in business before the PTSD grabbed me) so can I swallow my pride, or do I make the whole world around me suffer.

I have a 70% rating for PTSD. I took that, hoping i could go back to work, but even at that rating, i see it's not possible now. Someone at 100% should not be able to work. Unless just selling trinkets out of their home. Reason, you can't count on yourself to accomplish the tasks of the orders. Plain and simple. The VA doesn't want to give out the 100% for PTSD, so those that get it, unfortunately have to realize that they truly have the issue.

I got 70, and I believe most of that was based upon the fact that my wife has refused to leave me. She's pretty damn close now, and if that happens, I feel they would bump me up, but honestly. all I know is I am xxxxxx.

#12 Pete53

 
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Posted 21 March 2012 - 11:13 AM

PR

I knew a VSO who was 100% via PTSD who was a paid service officer. His Dad was a very high ranking National VSO who told me that 100% schedular could work and get paid safely if they were service officers.

The fact is why jeopardize a 100% rating that can be reviewed when at 100% it requires the Veteran to be unemployable. For many of us the 100% rating came after a nightmare of dealing with VA bureaucrats and took years to get. The security for me an my family is not worth taking that kind of chance.

I think that Veterans with 100% ratings still want to work its just that for me I know I could interview and maybe get a job but not a very productive job and that sooner or later I would crash. In the last20 plus years I have been able to do some amazing things with the help of drugs and family and friends and I have also been struck down and had some very bad adventures including trips in the ambulance, visits to ER and four hospitalizations I don't want to have again.

I am pretty sure that the VA has ogres who monitor social security income matched to Veterans and when they see earnings they also see a chance to cut.

The bottom line is I know that I might be able to get a job but I also know that I could not keep one.

Sorry I did not cite any regs cause technically I have never seen anything about 199% P&T that says you can't work but it does say it can be reviewed and mine says that the crux of my ratings is I can't work. I don't want no stinking review.

#13 john999

 
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Posted 21 March 2012 - 12:36 PM

I think a vet who is 100% schedular for PTSD probably can get away with working a low profile job as long as he does not tell the VA that he works. You get your P&T and just keep your mouth shut about working. For instance, if you had a lawn cutting job I think you could stay under the radar and it might even be good for you. That is not true for TDIU. If you have TDIU you can't work and if you do you are asking for it.

#14 jbasser

 
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Posted 21 March 2012 - 12:36 PM

The criteria for 100 percent requires a total occupational and social impairment.
That means you cannot work.

I know vets who lost their comp for this reason.

Basser

#15 carlie

 
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Posted 21 March 2012 - 12:47 PM

Recently we had a member post that they were SC'd at 100 % due solely to PTSD
and they were actively employed as a teacher and this information was included in the
evidence of record, when this decision was made.

They posted the reason the 100% was granted was due to the bold and underlined below.



General Rating Formula for Mental Disorders:
Total occupational and social impairment, due to such symptoms as:
gross impairment in thought processes or communication;
persistent delusions or hallucinations;
grossly inappropriate behavior;

persistent danger of hurting self or others;
intermittent inability to perform activities of daily living

(including maintenance of minimal personal hygiene);
disorientation to time or place;
memory loss for names of close relatives, own occupation, or own name 100

Edited by carlie, 21 March 2012 - 12:48 PM.
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#16 Philip Rogers

 
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Posted 22 March 2012 - 07:59 AM

Personally, I would never tempt fate, why run the risk! VA comp is a pretty good retirement package and if you need to feel good you can always do volunteer work, or build bird houses and sell them online for a few dollars over cost. Kinda like setting up your own "sheltered workshop." It's just that I feel you can work w/a 100% PTSD rating . . . . but is it worth the risk.

jbasser - we'll have to agree to disagree. One is not required to meet all the criteria in a 100% rating.

pr

#17 john999

 
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Posted 22 March 2012 - 04:37 PM

How can one be a teacher is they have hallucinations, delusions, constants threat of suicide or homocide, grossly inappropriate behavior etc. I know we have a lot of vets here who get 100% for PTSD but none of them have those kinds of symptoms who still post here. 100% in strick interpretation means you are psychotic.

#18 cssamo

 
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Posted 01 November 2012 - 02:25 PM

I agree with you John999, about being crazy and teaching. But as a crazy person myself, I really want to still be productive in society. My condition sucks. I do have the grossly inappropriate behavior, the daily suicidal thoughts, Horrible dreams and cry all day long, but still I want to do something. I don't know if that makes sense. I work, but I really don't know how much longer I can. My working partners are 'bout to kill me... but so far, they have been great friends that has taken care of me. I just don't think it is fair that they pick up a lot of my work load.

Y'all have a great day.

Tom in Mississippi.




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