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.

[danang_1969]

Ratings are determined by the average impairment of earning capacity.

§ 3.321 General rating considerations.

(a) Use of rating schedule. The 1945 Schedule for Rating Disabilities will be used for evaluating the degree of disabilities in claims for disability compensation, disability and death pension, and in eligibility determinations. The provisions contained in the rating schedule will represent as far as can practicably be determined, the average impairment in earning capacity in civil occupations resulting from disability.

(Authority: 38 U.S.C. 1155)

( :P Exceptional cases —(1) Compensation. Ratings shall be based as far as practicable, upon the average impairments of earning capacity with the additional proviso that the Secretary shall from time to time readjust this schedule of ratings in accordance with experience. To accord justice, therefore, to the exceptional case where the schedular evaluations are found to be inadequate, the Under Secretary for Benefits or the Director, Compensation and Pension Service, upon field station submission, is authorized to approve on the basis of the criteria set forth in this paragraph an extra-schedular evaluation commensurate with the average earning capacity impairment due exclusively to the service-connected disability or disabilities. The governing norm in these exceptional cases is: A finding that the case presents such an exceptional or unusual disability picture with such related factors as marked interference with employment or frequent periods of hospitalization as to render impractical the application of the regular schedular standards.

(2) Pension. Where the evidence of record establishes that an applicant for pension who is basically eligible fails to meet the disability requirements based on the percentage standards of the rating schedule but is found to be unemployable by reason of his or her disability(ies), age, occupational background and other related factors, the following are authorized to approve on an extra-schedular basis a permanent and total disability rating for pension purposes: the Veterans Service Center Manager; or where regular schedular standards are met as of the date of the rating decision, the rating board.

(3) Effective dates. The effective date of these extra-schedular evaluations granting or increasing benefits will be in accordance with §3.400( (1) and (2) as to original and reopened claims and in accordance with §3.400(o) in claims for increased benefits.

© Advisory opinion. Cases in which application of the schedule is not understood or the propriety of an extra-schedular rating is questionable may be submitted to Central Office for advisory opinion.

Cross References:

Effective dates; disability benefits. See §3.400( B) . Effective dates; increases. See §3.400(o).

[26 FR 1583, Feb. 24, 1961, as amended at 29 FR 1463, Jan. 29, 1964; 37 FR 10442, May 23, 1972; 39 FR 5315, Feb. 12, 1974; 39 FR 32988, Sept. 13, 1974; 40 FR 57459, Dec. 10, 1975; 61 FR 20727, May 8, 1996]

That about sums it up jbasser and this information that you posted totally grounds my UI claim, if the VA would go by the truth I provided and they know it is apparent as the nose on their face.

[john999]

TSSNAVE

What you say about VA dropping some vets down from 100% schedular to TDIU without telling them is a really deadly bit of double dealing. We need to get the citation for that since it could be a serious weapon in the VA's hands to kick people off TDIU because they are working believing they are still 100% schedular. I know they can deny claims without telling you when you have more than one claim in the system at one time. Say you have five claims in for different conditions. The VA grants two claims, and does not mention the others. That is as good as a denial from what I have heard here on Hadit. You have to NOD the claims not mentioned within the one year time limit. If they say they are deferring a rating on the other three conditions that is different.

[hollywoodnc]

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.

My plan EXACTLY!

Lay on a Caribbean beach toking on a dube :P and sipping from a bottomless Mai Tai!!! B)

[hollywoodnc]

The question here is:

Can a Veteran work and still be disabled for service-connection?

Yes. The DVA allows a Veteran with a percentage up to 100% to continue to work. If the Veteran receives individual unemployability or Pension, he cannot continue to work.

See: http://www.hughcox.com/vetinfo.htm

[iraqx2]

Fellow Disabled Veterans..., Great Responses and honest opinions. For that, I commend each of you.

He1, I hope all these words of wisdom will help you decide in your situation and path of life.

[tssnave]

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