100% Disability & Work

[david walker]

Trying to help out a friend. if you have 100% disability can you go to work at a state job as a correction officer & keep your money?

[jhfleet]

As previously stated, I'm no expert on mental disability evaluations. I certainly agree that if work ability is a factor in awarding a mental disability rating, taking a job would jeopardize the rating. But, excepy for IU, I'm unable to find any reference to a physical rating evaluation that considers employment status.

In my case as well as many others, a decreased quality of life and the probability of a shortened life led to my 100% rating. Employability was never an issue.

[timetowinarace]

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%

incorrect

There are rules that allow ALL schedualer disabled vets to work and recieve benifits. There are NO rules that distinguish between the physically disabled and the mentally disabled.

PART 4--SCHEDULE FOR RATING DISABILITIES--Table of Contents

Subpart A--General Policy in Rating

Sec. 4.15 Total disability ratings.

The ability to overcome the handicap of disability varies widely

among individuals. The rating, however, is based primarily upon the

average impairment in earning capacity, that is, upon the economic or

industrial handicap which must be overcome and not from individual

success in overcoming it. However, full consideration must be given to

unusual physical or mental effects in individual cases, to peculiar

effects of occupational activities, to defects in physical or mental

endowment preventing the usual amount of success in overcoming the

handicap of disability and to the effect of combinations of disability.

Total disability will be considered to exist when there is present any

impairment of mind or body which is sufficient to render it impossible

for the average person to follow a substantially gainful occupation;

Provided, That permanent total disability shall be taken to exist when

the impairment is reasonably certain to continue throughout the life of

the disabled person. The following will be considered to be permanent

total disability: the permanent loss of the use of both hands, or of

both feet, or of one hand and one foot, or of the sight of both eyes, or

becoming permanently helpless or permanently bedridden. Other total

disability ratings are scheduled in the various bodily systems of this

schedule.

Legally, there is no difference between a physically and mentally disabled vet for total disability ratings. BOTH are included here. Unless someone can show me otherwize.

And so the rating formula for rating mental dissorders is not posted as proof, the first highlighted sentance above clearly states these guidelines are based on the AVERAGE person.

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Edited October 21, 2007 by timetowinarace

[Tbird]

from the schedule for rating disabilites

100% Mental Disorder

"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."

[john999]

Total occupational impairment means you cannot work at all. If you are P&T that means no work ever again. If you are 100% for a mental disorder and go to work it will be "looky, looky, &^%$$ on hooky".

[Guest Dataman]

I can answer why U would want to work while getting paid by the VA. Because it gives you purpose in life. It's good to work and then get paid for it. All our Life we are raised this way (Unless your Paris Hilton I guess).

Since I doubt anyone here will inhert Billions of Dollars it's way to be a useful Human. Plus better our lifes.

It's where the VA System does not help at all.

[timetowinarace]

from the schedule for rating disabilites

100% Mental Disorder

"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."

Yes, ALL 100% ratings are based on Total occupational impairment. Even physicall ratings.

From Sec. 4.15 Total disability ratings. (full section in previous post)

The rating, however, is based primarily upon the

average impairment in earning capacity, that is, upon the economic or

industrial handicap which must be overcome and not from individual

success in overcoming it.

I'm not sure why this section is ignored. Over and over it states physical or mental or it states mind or body.

Again there is no law other than IU that says a vet must be "unemployable or unemployed" for ANY 100% schedualler rating.

PTSD is only one of the conditions rated as a mental dissorder. There are others as well. Let's not assume that just because it may be quite impossible for a PTSD or MDD vet to be 100% and working, cognative loss due to injury is NOT THE SAME. (not yelling here, just highlighting, lol)

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