100% Rated To Scd?

[foleyj]

I have not been able to find any posts to address my questions, so here it is, are you permitted to work if the addition of multiple ratings for SCD adds up to 100%?

[deltaj]

I have not been able to find any posts to address my questions, so here it is, are you permitted to work if the addition of multiple ratings for SCD adds up to 100%?

May I suggest you read a presentation on the internet entitled Benefits for Disabled Veterans by Lucy Miller of Virginia State University? I also suggest you read 38 USC 1318 which concerns benefits for survivors of a veteran if a veteran were to die of non-service connected causes during a period when a veteran's 100% rating was in effect for 10 years or more. You have to weigh what would happen to your survivors if your 100% rating was reduced due to your employment against your desire to work. The answer to your question is that if you work when you have a 100% rating from V.A. you risk reduction of your 100% rating and if a reduction from V.A. occurs, dependents will lose CHAMPVA medical insurance and eligiblity for dependents educational assistance until the veteran's 100% permanent and total rating is restored. Reduction to a rating can occur because V.A. obtains matching information from Social Security about income. If you fail to report income from employment to the I.R.S. that is fraud. V.A. regulations and laws require that V.A. benefits be terminated because of fraud. Also if reduction occurs the veteran will lose eligibility for some state benefits like disabled veteran property tax exemption for totally disabled veterans and disabled veteran license plates and fishing licenses. Furthermore, if you are receiving Social Security Disability, which you are entitled to do while receiving V.A. compensation if you have sufficient work credits, and you have substantial gainful employment for 12 months or more while receiving Social Security disability, you risk the termintation of your Social Security Disability benefits. I also suggest you read Docket Number 98-100 Faust v. West at the U.S. Court of Appeals for Veterans Claims. I found about this case by searching under reduction AND rating AND income AND veteran. I also suggest you refer online to www.vawatcgdog. org VETERANS Q&A #55 with Jim Strickland. That newsletter seems to answer a similar question. Also read 38 CFR 3.343 and 38 CFR 3.344. These two regulations have as enabling law 38 USC 1163 and 38 USC 1718 so make sure you read these laws also. There was also an interesting Board of Veterans Appeals decision I found Citation Nr: 0709298 Decision Date 03/29/07 Archive Date: 4/16/07 Docket No. 06-32-096 concerning a reduction which occured because a veteran was working. That BVA decision has a good overview of laws and regulations on this issue. There is also a useful discussion of the laws and regulations governing reduction in Roger Schafrath v. Edward Derwinski, a case that is featured here on the main entrance page at hadit. I suspect you are grieving because of your disability and I suggest you consider getting counseling. My husband is a totally disabled veteran and he asked me to tell you that if you go to work, you will lose your benefits.

Edited October 28, 2009 by deltaj

[Pete53]

Its a tricky question. If you are 100% because of unemployability you can be reduced. If you are 100% due to Mental Disorder you will be reduced. If you are 100% P&T cause of Physical you can work maybe.

The reason I say maybe is cause working and being 100% is plain risky with the VA.

There does seem to be a dispensation for Veterans who are 100% to work for Service Organizations.Its never been explained to me but I know that a lot of paid VSO's are 100% Veterans

[Philip Rogers]

If you can work, then you're probably not disabled, so go to work. It always gets me that people get disability and then want to work. They usually apply for disability cuz they can't work and then when they get it, they want to be allowed to work, too, and keep their disability. jmo

pr

Edited October 28, 2009 by Philip Rogers

[carlie]

I have not been able to find any posts to address my questions, so here it is, are you permitted to work if the addition of multiple ratings for SCD adds up to 100%?

foleyj,

Your profile shows you are 60% SC'd.

So if your referring to yourself - there is no problem with you working,

as far as VA goes.

If you are adding up your own SC'd disabilities with regular math -

that doesn't count, VA math is what counts.

carlie

[john999]

If any of your disabilies are for a mental health issue be prepared to be reduced if the VA finds you are able to work. Max Cleland was a triple amuptee and he worked, but his injuries were so obvious and his loss so great no one would deny him any possibility of bettering his life. For the rest of us it is not so simple. Some compensation is for the loss of use and that is the way it should be.

[foleyj]

Thanks to everyone that gave a reply. Maybe I didn't explain myself. First to Philip, I am not trying to claim disability and work at the same time. If you are not aware there are certain veterans that have disabilities and are still able to work. I did not apply for my disability because I could not work. I applied for disability for the loss of use and change in the quality of life due to my injuries. My question had to do with individuals that are rated for multiple SCD for example;

Leg 40%

Arm 30%

depression 30%

Pain 30%

Hand 30%

shoulder 40%

loss of appendage 50%

This list of SCD when added using the VA compensation formula would add to 96% which would be rounded to 100%. So my question was if and individual was rated this way, would that individual be unemployable or would they still be able to work. I just ask because I know certain individuals who have multiple SCD.