Employability Effect On Rating

[bigoc]

I would like to know if someone can help me understand what the ability to work has on the rating percentage of a claim?

My situation is a few lower rating disabilities and a TBI with neuropsychological test that meets the 100% rating by itself.  The TBI rating is being held up buy a lowball rating and on of the VA responses is that I am able to work.

If I meet the objective testing results for a 100% rating can the final decision still be less than 100% because I am working?

I do not want to touch the IU subject because that is not an option for me.  I able to and want to work through my injury.  I do not mean to take away from those that have lost the ability to work.

[darkhorse]

Others that know more will contribute but I would think they go by what's in your current medical records and history.

I'm not sure if these tests set the standard on whether or not you will get 100%.

DH

I would like to know if someone can help me understand what the ability to work has on the rating percentage of a claim?

My situation is a few lower rating disabilities and a TBI with neuropsychological test that meets the 100% rating by itself. The TBI rating is being held up buy a lowball rating and on of the VA responses is that I am able to work.

If I meet the objective testing results for a 100% rating can the final decision still be less than 100% because I am working?

I do not want to touch the IU subject because that is not an option for me. I able to and want to work through my injury. I do not mean to take away from those that have lost the ability to work.

[john999]

You need to look up disability rating index. However, working probably will affect your rating for a brain injury. A TBI is an injury that affects your cognitive functioning. If you are working at a job that requires complex mental tasks I don't think you will get 100% rating for TBI. For any injury or illness that affects the brain or mind being able to work full time at an above poverty level job is bound to be considered in your rating. What kind of work do you do? Have you read the rating scale for TBI? What constitutes the conditions for a 100% rating?

[LarryJ]

You CAN be rated 100% and continue to work. Nothing precludes that.

Now, you CANNOT be rated TDIU, which gets you the same as 100%, and still work, obviously, because TDIU means "Totally Disabled due to Individual UNemployability".

So, you can receive your 100% disability and STILL work. Matter-of-fact, the VA themselves have MANY 100%'ers working for them (they are, most probably, the number ONE employer of disabled vets in this country, and, for that, my hat's off to them).

Now, that you are rated for some disabilities at lower ratings than 100%, and then you meet the TBI indicators for 100%, well, if the VA Mathematics becomes involved in this equation.........then you'll NEVER rise to the 100% level......... i know, i know, but, hey, they gotta keep ya groveling, ya know!

[Ricky]

John and Larry are both right. If you have a 100 percent rating (combined or single) for physical disabilities then you can still work - it is all up to your employer as to whether he/she feels you are up to the job.

However, TBI ratings are complex. You could receive a total 100 percent rating under a mental rating or a physical rating. However, if you read the TBI rating requirements in part 4 in order to receive a total 100 percent rating it just about takes total incapaction which would perclude you from work.

If they decided to rate you under the mental ratings work would definitely be precluded under a 100 percent rating. However, if they stayed with a 100 percent rating for physical reasons then one could argue that work is still an option - depending on the type of work you do.

In my opinion the VA would win on this issue by stating that any ability to work with a TBI would preclude you from working. You need to read the requirements for the rating under 8045 Residuals of traumatic brain injury and match the limitations to the requirements of your work - maybe that would give you a better understanding.

As an example Cognitive impairment which is one of the major areas for a rating they will look at problems such as decreased memory, concentration, attention, and executive functions of the brain. Executive functions are goal setting, speed of information processing, planning, organizing, prioritizing, self-monitoring, problem solving, judgment, decision making, spontaneity etc etc.......

Now I would say that if you have a 100 percent rating in this area you would not be able to perform duties such as driving, mail handling, assembly line work, any position in which you have to be a self starter with miminum supervison due to decreased ability to plan, organize, prioritize etc....... or any position in which judgement comes into play such as a police officer or security guard, civil service employee who needs a security clearance etc....etc....etc.....

So by reviewing the requirements for the rating and then bouncing them off of your required duties will give you a pretty good idea of what type of employment you may hold and still receive a 100 percent TBI rating.

I am sorry to say but in my opinion the field would be very, very narrow!

[Pete53]

We know the VA. We know how the VA thinks. It is risky for a 100% Veteran to work but as I stated before the VA allows 100% Veterans to be service officers. It must be one of their unwritten rules I would guess.

[john999]

If you are rated below 100% for one condition it is almost impossible to ever get to 100% schedular. I am at 90% IU and I don't see how I can ever get to 100%. It is possible but very difficult. VA math is like approaching a wall. The closer you get to the wall the smaller the distance between you and the wall, so say 60% of that distance is much less than a true 60%. If you have 90% like me and get another 40% that is only an increase in rating of 4%.

[Eric_M]

The thing I found as I read through tons of regulations, was that evaluations must be based on the average person's disability factor. In otherwords how much it would effect the average person, not me.

I would also look the up the rating guide and see where you think you will fall, if below 100%, kind of worst case scenario. Then you can calculate a total rate. I was surpised when I did this my worst case scenario = 100%. For a long time I was not rounding correctly.

Get a copy of your C&P exam that will help you figure what they are going to do.

I'm 100% and still working. Not easy, but keeps me going.

Stay positive, it's a long process, but what isn't.....

[Eric_M]

rating table math = http://www.warms.vba.va.gov/regs/38CFR/BOOKC/PART4/S4_25.DOC

Seemed easier than the calculators.

[LarryJ]

I was talking to a fellow in one of my pain management groups. This guy had a whole bunch of service-connected problems (and he was TRULY afflicted with multiple disabilities; DMII, ALS, Hep C, lymphoma........you know, BAD SH*T!

He was a real winner though. Had a sense of humor......he'd be crying because of his PN, and still cracking wise.

He got to figuring out his "percentage of disability" (and he had a couple of 100's in there), but, because his very FIRST disability was rated at, like, 20%.....he was at a combined total, with all his problems, 99%. YEAH, NINETY-NINE PERCENT. and NO HOPE of ever breaking the big 100.

We lost him. His wife came be the group meeting and told us how he would look forward to "going to group" every week, even though it hurt him, it made him feel human!

We lost a saint!