100%unemployable To 100%schedular Can This Be Done?

[Maurice]

If I get Unemployable can I ask the VA to change it to PT 100% schedular? Can the VA Make it PT by asking? Good luck to all my veterans friends. Have a bless day :( :P <_< :o

[LarryJ]

yes

[afret]

If I get Unemployable can I ask the VA to change it to PT 100% schedular? Can the VA Make it PT by asking? Good luck to all my veterans friends. Have a bless day :( :P <_< :o

Only if your disabilities have increased to the schedular level of 100%.

If you feel that your disabilities are now more severe than your current ratings reflect, file a claim for increase in your ratings.

But to go from 100% IU to 100% schedular on a whim, the answer is no.

[john999]

It also depends on what your TDIU is for a mental or physical condition. If it is for a mental condition what benefit do you gain from going from TDIU to 100% schedular? If the VA finds out you are working you will lose the 100% rating either way. If you are never going to work again then it does not matter except you might have an easier time getting some kind of SMC such as housebound. If you are going for SMC then you probably want 100% schedular.

[Testvet]

if you are TDIU for a mental rating then it can become a game of words, if you are TDIU they basically have to catch you working a W2 form, an investigator observing you working in a business etc now the schedular 100% rating is easier to take away in my opinion since mental ratings are subjective they ask you been fishing lately? Did you have fun, was it good and you reply yup great day caught 5 bass, 20 crappie etc, next thing you know is you are getting a letter propsoing a reduction to 50% or 70% on the basis that you are now better.

Now you have to go to a new C&P exam and convince the QTC doc you haven't gotten better, good luck on that one

TDIU to me is the safer rating they have to show that you are working to take it away they make TDIU awards Permanent and Total also usually about 1-2 years after the award you ask for P&T and they award it from what I have heard on the board but then in my case I was rated 50% PTSD I NOD the award and a year later they raised me to 100% P&T to try and shut me up, it hasn't worked lol.....

sometimes asking for stuff gets you more attention than you really want

[LarryJ]

"sometimes asking for stuff gets you more attention than you really want"

[Teac]

if you are TDIU for a mental rating then it can become a game of words, if you are TDIU they basically have to catch you working a W2 form, an investigator observing you working in a business etc now the schedular 100% rating is easier to take away in my opinion since mental ratings are subjective they ask you been fishing lately? Did you have fun, was it good and you reply yup great day caught 5 bass, 20 crappie etc, next thing you know is you are getting a letter propsoing a reduction to 50% or 70% on the basis that you are now better.

I don't think the schecular 100% rating is any easier to take away than TDIU. The va still has to prove that either your medical condition got better or that you are working... And I know the va is not going to reevaluate you just becuase you went fishing.. this is just an absurd opinion.

Now you have to go to a new C&P exam and convince the QTC doc you haven't gotten better, good luck on that one

TDIU to me is the safer rating they have to show that you are working to take it away they make TDIU awards Permanent and Total also usually about 1-2 years after the award you ask for P&T and they award it from what I have heard on the board but then in my case I was rated 50% PTSD I NOD the award and a year later they raised me to 100% P&T to try and shut me up, it hasn't worked lol.....

A veteran does not always have a wait for T/ P , often times T/P is automatic with the award because it is thought the medical conditions will not improve....

sometimes asking for stuff gets you more attention than you really want

I hear this all the time, and it is my humble opinion that it just is not true... I have been rated T/P since 1999, and since then I have reopened my claim at least 15 times, ( and all with good results) the va has never gone back and looked at any issue that I did not ask them to look at. I know it can happen, but I think it is very remote....

[Teac]

If I get Unemployable can I ask the VA to change it to PT 100% schedular? Can the VA Make it PT by asking? Good luck to all my veterans friends. Have a bless day :( :P <_< :o

You can ask for a schedular rating but you will need medical evidence to show your condition is worse.. I did just this in 2005, I was TDIU for one condition and requested 100% for another condition. I was awarded the 100% with housebound, and the TDIU was revoked. So yes I can attest it is possible, but you stil need the medical evidence to do it. In my cae P/T was granted automatically with the TDIU award and then again with the 100% rating. You can ask for it, but unless you are looking to send some kids or spouse to college it really doesn't mean a whole lot. again just my humble opinion based on my situtation....

[maxwell18]

Just wondering, I was told by the VA more then once if you are 100% scheduled P&T you can work all you want. If you are unemployable you cannot work. Is this a case of the VA not knowing what they saying or is it people on this board just guessing that you cannot work with no real fact basis?

[Testvet]

again that comes down to the reason you are 100% schedular if we are dealing with mental ratings i.e. PTSD then 100% schedular does not allow you to work part of the requirements to be 100% is not being able to be employed, some people will argue that you can earn up to the poverty level and the VA can't take way your 100%

then you are back to the argument if you can earn 12,000 a year and work, why can't you find a job paying you 16,000 etc? Some vets are city councilmen board of supervisors where it requires one of 2 nights a month 3-4 hours etc.

if you are capable of working why go thru the hassle of getting 100% schedular or even TDIU I made a hell of a lot more money at the Post Office delivering mail the last year I worked I made 67,000 I worked a lot of OT all my days off 10-12 hrs a day etc.

Yes working is something we miss life is different, I don't think anyone decided they wanted to become disabled and stay home for the next 15-40 years lose my home, my wife, my kids and grand kids and file bankruptcy and spend 6 years fighting with the VA to finally win my claim, buy a new house, get remarried and get into rehab and counseling and medical treatment just to throw it all away and see if I can do it all over again.

Now if you have physical problems and are rated 100% schedular I knew a lot of people at government agencies drawing their VA checks and their paychecks there is no rules against it, only mental patients have the rule that to be rated 100% schedular you have to be unemployable.

Edited July 18, 2008 by Testvet (see edit history)

[Testvet]

I am currently dealing with Nashville. They just reduced my PTSD from 100% to 70%. The main reason they gave was a phone call my SW made to me where I told him I went fishing and felt peacfull. This was their evidence. They are jacking me around and using wording, and picking and choosing things out of the C&P report to use against me. For instance, the C&P stated I cannot take care of my daily hygiene. They ignore this, and focus on the fact that I have not been an inpatient in a year!

I give the Nashville VARO an A+ for saving the taxpayers dollars, and screwing veterans! It wasn't always like this. In 2006, I was awarded 100% very quickly. Now they are taking it back no matter what evidence I give them.

Forum: (VA Claims Reserarch) Veterans Affairs Claims and Benefits Research · Post Preview: #94887 ·

TEAC I knew I had just read this recently so I went and found it, I have eneough problems I don't need to make it up the VARO's in some places have nothing better to do than play games

[Teac]

Just wondering, I was told by the VA more then once if you are 100% scheduled P&T you can work all you want. If you are unemployable you cannot work. Is this a case of the VA not knowing what they saying or is it people on this board just guessing that you cannot work with no real fact basis?

Ok... if your rated 100% schedular then you can work unless the rating is for a mental problem.

if you are TDIU technically there are situtations where you can work, however I do not recommed testing the system on this.

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

top (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.

[Teac]

Test Vet,

Sorry my comment upset you... I was under the impression that you were stating an opinion, therefor I stated mine. NOw, if you were reduced from 100-70 because you went fishing then something is surly wrong. I am really surprised if this is the case, because it is not a logical reason for a reduction. In fact if this were to happen to me I would be generating letters to every person in Congress, and the president, and request that the va justify such a reduction. Of course in the meantime you still have the trouble of proving your claim all over again.

Best of luck....

I am currently dealing with Nashville. They just reduced my PTSD from 100% to 70%. The main reason they gave was a phone call my SW made to me where I told him I went fishing and felt peacfull. This was their evidence. They are jacking me around and using wording, and picking and choosing things out of the C&P report to use against me. For instance, the C&P stated I cannot take care of my daily hygiene. They ignore this, and focus on the fact that I have not been an inpatient in a year!

I give the Nashville VARO an A+ for saving the taxpayers dollars, and screwing veterans! It wasn't always like this. In 2006, I was awarded 100% very quickly. Now they are taking it back no matter what evidence I give them.

Forum: (VA Claims Reserarch) Veterans Affairs Claims and Benefits Research · Post Preview: #94887 ·

TEAC I knew I had just read this recently so I went and found it, I have eneough problems I don't need to make it up the VARO's in some places have nothing better to do than play games

[maxwell18]

Just wondering about the 100% P&T what if part of your rating is mental and the rest physical. Some say if you are rated mental you cannot work?

[Teac]

Just wondering about the 100% P&T what if part of your rating is mental and the rest physical. Some say if you are rated mental you cannot work?

If you are rated 100% alone for a mental condition your can't work.

If you are rated 100% for a combination of things you can work.....

Edited July 19, 2008 by Teac (see edit history)

[john999]

The thing is that if you are called in for a C&P exam and they ask if you are working and part of your 100% is for a mental condition then you risk having that part of your claim reduced. For mental conditions working is everything. This is my experience. When I was working at the Post Office I had 30% for a mental condition. I got fired and I ended up with TDIU, and the only real difference was that I was not able to work any more. I had many C&P exams over the years and the first question they asked me was "Are you working"? I know if you are a double amputee and can work then you deserve your 100% and all the money you can earn. It is a double standard for mentally and physicall disabled persons. When you have PTSD or some other emotional disorder so severe as to be rated 100% you have lost much in the way of quality of life. For that alone you deserve maximum compensation in my opinion.

[maxwell18]

The thing is that if you are called in for a C&P exam and they ask if you are working and part of your 100% is for a mental condition then you risk having that part of your claim reduced. For mental conditions working is everything. This is my experience. When I was working at the Post Office I had 30% for a mental condition. I got fired and I ended up with TDIU, and the only real difference was that I was not able to work any more. I had many C&P exams over the years and the first question they asked me was "Are you working"? I know if you are a double amputee and can work then you deserve your 100% and all the money you can earn. It is a double standard for mentally and physicall disabled persons. When you have PTSD or some other emotional disorder so severe as to be rated 100% you have lost much in the way of quality of life. For that alone you deserve maximum compensation in my opinion.

[maxwell18]

John why was you fired? Did it have anything with your 30% mental disability?

[Teac]

The thing is that if you are called in for a C&P exam and they ask if you are working and part of your 100% is for a mental condition then you risk having that part of your claim reduced.

Come on John do you really think this is right? I think that it would be treated like any other disability that is combined to make a 100% rating. That is if there is an improvement then you might get a reduction, but the va is not going to reduce a mental rating of say 30% just because your working. Heck, the va wants veterans to work, that is one reason why it is so hard to get TDIU, yet you only need 10% to get Vocational rehabilitation... anyone JMHO

[Testvet]

The Post Office uses any excuse it can to terminate disabled vets, the rules say they have to hire them it doesn't say they have to keep them, in Jan 2000 the Postamaster in Augusta Ga ordered all disabled vets to get letters from their doctors that their SC medical conditions would not prevent them from doing their letter carrier jobs 100% of the time, without any type of restrictions, no letter fro your doc you were terminated.... I left in May 2000 and 6 left before I did, I don't know how many left after I did.....