ptsd Can You Work If You're 100%

[PE1]

Can you work even if you're 100%? Not from PTSD. Say a Professional job like a Lawyer, Doctor or Accountant? Those jobs are physically not demanding.

[Philip Rogers]

TS Snave and John999, Under due process rules, I doubt the VA could get away w/that. Anytime the VA makes a decision they are required to notify the claimant of the change, thus allowing the claimant to appeal the decision. Now I could see how the VA might still do it but the claimant would prevail under failure of due process. jmo

pr

John,

I am hoping someone has the citation. When I read it, the heading had something to do with the only time the VA did not have to inform the vet of a rating change was when they toggled between 100% schedular and 100% IU. I am sorry I don't have the citation. I hope someone will provide it.

Thanks,

TS Snave

[tssnave]

PR - I am hoping one of our legal eagles will fill in the blanks here. I believe it was a court case that I read about in The Veterans Advocate or something I read in the Veteran's Benefits Manual. I threw it out there in the hopes that someone else with more research skills than I have will provide the citation. I have the materials but have a difficult time ferreting information out of them. Usually Wings or Carlie or Berta provide the actual regulation or citation and I'm hoping one of them or another hadit member will do so in this case as well.

Thanks,

TS Snave

[Teac]

wow, that must be great to be 100% and be able to work. well, here's my question, who in their right mind receiving 100% would want to work, that alone is some good money, then add another 1,500 ssd to it, wow, you could live like a king in many african, asian, and south american countries.

I guess this was an attempt at humor.... but for those of us rated 100% and more.... it is not very funny.. and to be sure,the compensation sucks especially if you were accustomed to GS11 pay....(yes it is better than nothing )

[Teac]

However, if you have a 100% scheduler rating for five or more conditions then VA thinking says that it don't matter if you can be employed or not. I agree with pete, if you are 100% for a one do not dream about working.

Where did you get this information? It doesn't matter if your rated 100% schedular for 1 or 5 conditions you can work if you want and are able.

[poolguy11550]

Where did you get this information? It doesn't matter if your rated 100% schedular for 1 or 5 conditions you can work if you want and are able.

The statement was about general thinking within the VBA, no regulations needed to back it up because there are none. I would submit to you that its merely common sense. If your 100% scheduler for 9 conditions it would be difficult to lower ones rating, however if your 100% either way for one condition then the VA will most likely re-evaluate your status at some point. Its a pure numbers game. Anyway thats been my expirence.

Edited December 19, 2008 by poolguy11550

[timetowinarace]

I agree w/ most of the comments here.

There is another thing to consider - the VA can drop your 100% schedular rating to 100% IU without telling you (sorry, I don't have the citation but I was shocked when I read that) and then in a year they would send you an income verification sheet, see that you're working, and if it's above the poverty level for one person (doesn't matter if you have 6 rug rats you're feeding) then you've just lost your 100%.

Good luck,

TS Snave

That doesn't seem possible. It seems to me the VA would have to to reduce the 100% schedualar rating to a lesser rating before needing to make a decision on IU. The VA must inform the veteran if they propose to reduce a rating. And I know it is a rare instance the VA will consider IU without a request from the veteran. I don't see how a schedualar rating can be reduced without the veteran knowing about it at some point. (if the law is followed)