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100% Disability & Work

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david walker

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I was just asked to do an entire broadcast at SVR (Stardust Radio) on TDIU and 100% extraschedular-

It will be on Nov 14th at 6:30 PM EST.

The archives will be available and I will post a link to them at that time.

We need to discuss this issue because it can be a very confusing one.

The comp is the same but there is a big difference between TDIU and 100% extraschedular ratings.

I would think Max Clellan and Lewis Puller definitely could have received TDIU but maybe they got extraschedular-

or didnt even apply for VA comp at all.

Except for the fact that-Clellan Ran the VA as Secretary with catastrophic disability and Lewis Puller -also catastrophically disabled-(Chestys son) was a lawyer for VACO- VA Central Office) for many years.

They could not receive TDIU.They considered themselves employable and the VA sure did too.

Edited by Berta
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  • HadIt.com Elder

As hard as it is to get 100% in any form or matter from the VA it always surprises me how strongly Veterans still want to work. Maybe that is just part of our nature.

I am not sure but I think that the VA makes an exception on working for Veterans who are Service Officers cause I know a lot of them are Service Connected.

Anyway the more it is discussed the better cause if there is anything I hate is to see a Veteran have to deal with the VA on a reduction in their rating.

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  • HadIt.com Elder

Pete,

You wrote "As hard as it is to get 100% in any form or matter from the VA it always surprises me how strongly Veterans still want to work. Maybe that is just part of our nature". That is the very point I didn't make understandable before. I help vets in my Vet Group, some spend years getting to 100% & they then ask about working.

Thanks, I guess it appeared I wanted to kick anybody behind that wants to work. That's not the case, I hate to see them ruin 5-10 years work, by trying to work. We had a 2 vets that were 100% & both were notified that the VA was considering reducing. They had to get on the ball to keep that from happening.

Thanks Pete,

Don

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There seems to be a lot of confusion between compensation for a service connected disability and individual employability. The VA doesn't ask and doesn't care if the typical 100% service connected disabled veteran works. The compensation such a person receives is to make up (somewhat) for his/her loss, not to provide income in lieu of employment. Granted, 100% disability usually severely restricts the types of employment a veteran can undertake. But, many use whatever abilities they have to earn income. I'm no expert, but I know of no restriction against the mentally disabled being equally able to earn additional income. VA disability compensation IS NOT charity! IU is a different matter: If one is employed, obviously he/she is employable and ineligible for IU.

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  • HadIt.com Elder

jhfleet

If you are 100% schedular for a mental condition the VA does care if you go out and start earning significant money. If they find out the veteran who is 100% will find themselves being sent a letter for proposed reduction. That is the kind of information that brings about a re-examination. The main focus of disability compensation is the vets ability to earn a living. This is especially true of mental/emotional type injuries and illnesses. Whatever regulations may not spell out the reality is that high ratings for mental conditions and substantial earned income don't go together well. I have been to many C&P exams for a mental condition over the last 35 years. The main question is always "Are you working". Why do you think they ask that question? That is what separates the guy getting 30-50% from the guy getting 70-100% rating. Physical injuries are a whole different world for rating purposes. Double amputees can work all they want if they are able. Find me some 100% PTSD vet who is actually working full time. I don't know any at all. Maybe they mow lawns on the side and hide the earnings from SSA. Also most 100% vets get SSDI, and if you get substantial income you will lose SSDI and medicare.

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  • HadIt.com Elder

part of the requirement for being rated 100% for mental health conditions is the fact that you can NOT do work. Not part time not full time not manual labor not knowledge based work like being a reporter or a writer if you can work then you do NOT meet the criteria for 100% PTSD or any other mental health rating

if you are a quadriplegic and can get any type of work then you can get paid for it it's legal there are no rules for 100% mental health disabled vets to work and retain their rating of 100%

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