Should I file for TDIU or do a NOD for 100% PTSD?

[kent101]

If I was to quit my job and just got PTSD at 70% 6 months ago should I file for TDIU or NOD for 100%?

Edited July 23, 2017 by kent101

[Buck52]

kent101

As long as you can work or presently working you can't get IU.  

Now if your disability gets worse and a Dr opines it does and he stated you have to quit working because of your S.C. Disability you can file for increase on your 70% & file the IU Claim at the same time  because VA Don't always infer.

A Letter from Voc-Rehab stating your not feasible  to retrain at this time helps and is the golden words.

you could try to go for the scheduler 100% ...then you can work and make so much, but if you get IU you can't work at all and report income.

There's a way to get IU with your current 70% if it keeps you from doing your job you was trained to do and currently have if you have to stop working  you can file the IU using the extra scheduler combined rating 4.16 (b) under the CFR 38 IU Criteria

§4.16    Total disability ratings for compensation based on unemployability of the individual.

(a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination.

(Authority: 38 U.S.C. 501)

(b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

[Buck52]

Correction I apologize

If you get 100% rating schedular rating or a combined rating using the extra schedular for a mental rating (PTSD)

you can't work with a mental rating...With either ratings  scheduler 100%  or the extra combined 70% rating boosted up to the IU 70% BEING PAID AT THE 100%RATING

I totally forgot about the mental rating criteria 

[broncovet]

Buck is correct.  The criteria for 100 percent for mental health disorders includes the term "total occuptaional impairment".  You can not argue you are "totally occupationally impaired" if you are still working.  

[Gastone]

Why don't they watch or check up on you? Does your employer know about you VA SC Disabilities and is making "Accommodations" for you? That type of employment might still qualify you for an IU Rating.

Spend some significant time researching the VA IU qualifications and BVA IU Rating Decisions.

Semper Fi