Mental

[Rob m]

From what I understand (still learning) if your rated 100% schedular then you can work unless the rating is for a mental problem.

What is considered mental?

I had a head injury and have a plate in my head (I consider this a physical, not mental disability)

Large scar (again physical, not mental)

Small amount of under-lying brain damage (Physical)

I have head aches, and some problems reading/writing..is this considered mental

Bottom line is I want to be able to work no matter what my rating is 10%..50%..100%

I will be filing a claim upon retirment from active duty this time next year and I'm trying to learn as much as possible prior

Thanks for any clarification

[Berta]

Is this from exposure to IED explosion? meaning is this a TBI or from another reason?

or to inservice accident or event?

Is so this is a physical inservice disability.But it could cause secondary mental conditions as well.

Has this restricted your active duty in doing your MOS?

Make sure this is all noted on your discharge physical and also don't leave without a full copy of your SMRs.

The reading problem could be due to this. You mean a problem that is not due to visual problems from this?

Edited November 25, 2009 by Berta

[timetowinarace]

Rob,

There are those that disagree with me, but there is no law stating that a 100% disabled vet(schedualar) cannot work. Not for physical, not for mental.

It is an 'opinion' of many vet's that a 100% mental vet cannot work. Just an opinion.

I feel you do not have to worry about this. If you want to work, go ahead. Your rating will be based on your functional impairment, wether you are working or not. You may get a lower rating as working may show that you have less of a functional impairment.

To answer your question, cognative disorder due to tbi is not rated under the "mental" rating critearia. The rating will be based on neuro-psychological testing. What the tests show, is what you will be rated for. Unless you have MDD, or anxiaty or another MH issue, you will not be rated in any of the DC9000 series codes. Even if you do get one of these MH ratings, it's likely won't be 100% on it's own. It will be a seperate rating from the DC8045 rating.

[Rob m]

My injury was the result of an in-service accident (not IED) I haven't had any problems doing my job and I want to continue working. My reading difficulties, I believe are caused by a bit of dyslexia. I had no problems reading prior to my accident so I believe my dyslexia are a result of the accident.

So if I understand this correctly, if you are rated 100% PTSD then you cannot continue to work, doing so would risk your benefits. What if the the PTSD is rated at 50,60 ect.. percent?

I hate asking so many questions, I just don't want to get stuck in a postion I can't get out of.

Lastly, if it came down to it, could I ask the VA to only rate me schedular so I could continue to work?

Thanks

[timetowinarace]

Rob,

The simplest answer I can give you is to not worry about the VA and working. After you retire and get civilian employment, you will not qualify for TDIU. Forget about TDIU. It does not apply to you at this time, nor will it apply to you when you are rated.

You may work at any percentage the VA rates you from 0 to 100%, for any disability.

Feel free to work as much as you like and apply for VA benifits. In your situation, neither will affect the other.

[12R3G]

Rob

Time had good advice...

Ignore TDIU if you want to work.

You can be 100% PTSD and work...there is nothing in either USC or 38 CFR that prevents your working with a 100% schedular rating.

Having said that, if you read thru hadit, their is a prevailing consensus that IF you are SC for PTSD (for example), AND you are working at the time you are rated, THEN there is a good chance that the RO will rate you below 100, perhaps 70%.

Even if perm & total 100%, you are subject to re-exam, which can lead to decrease or increase in rating.

If you are rated less than 100% for PTSD (applies to any condition for that matter, regardless of rating) and you believe you meet the 38CFR criteria for 100% then appeal.

[Testvet]

Rob,

There are those that disagree with me, but there is no law stating that a 100% disabled vet(schedualar) cannot work. Not for physical, not for mental.

It is an 'opinion' of many vet's that a 100% mental vet cannot work. Just an opinion.

I feel you do not have to worry about this. If you want to work, go ahead. Your rating will be based on your functional impairment, wether you are working or not. You may get a lower rating as working may show that you have less of a functional impairment.

To answer your question, cognative disorder due to tbi is not rated under the "mental" rating critearia. The rating will be based on neuro-psychological testing. What the tests show, is what you will be rated for. Unless you have MDD, or anxiaty or another MH issue, you will not be rated in any of the DC9000 series codes. Even if you do get one of these MH ratings, it's likely won't be 100% on it's own. It will be a seperate rating from the DC8045 rating.

In MY opnion a 100% schedular rating for PTSD means you CAN NOT work, if you read the entire part of the symptoms for 100% schedule PTSD award it states that you are NOT employable and can not work, so I imagine the other mental ratings have the same statement in their % staement for 100%, but you are right a metal plate is a physical problem not a mental one I worked at the post office with a lot of 100% veterans I also worked with a lot of them that once they got PTSD awarded usually within a year or two their symptoms put them out of work from stress and they got 70% and once they quit working they were medically retired and the VA awarded them TDIU you can work me I am 100% schedular for PTSD I can go back to work but they would reduce me to 70% or possibly even lower, which is not something which is possible if you look thru here you will see I post at any hour of the day and night, I still have lots of sleepless nights and besides my heart problems which are secondary to my PTSD is also totally disabling work in my case just isn't possible I was 47 when I had to stop working