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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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cowgirl

Poll - Did You Get Tdiu With Depression At 30%?

Question

Say a vet has several service connected issues depression already rated 30% and is on ssdi for SC physical conditions.

Tdiu is awarded due to mental health examiner opinion that all these do cause the vet to be unemeployable. No mention of ssdi, not sure if that is normal.

Question: Does the 50% in the rating schedule seem to say 'unemployable' basically unable to work?

thanks for your thoughts.

Occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial,

circumlocutory, or stereotyped speech; panic attacks more than once

a week; difficulty in understanding complex commands; impairment

of short- and long-term memory (e.g., retention of only highly learned

material, forgetting to complete tasks); impaired judgment; impaired

abstract thinking; disturbances of motivation and mood; difficulty in

establishing and maintaining effective work and social relationships ............... 50

Occupational and social impairment with occasional decrease in work

efficiency and intermittent periods of inability to perform occupational

tasks (although generally functioning satisfactorily, with routine

behavior, self-care, and conversation normal), due to such symptoms

as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or

less often), chronic sleep impairment, mild memory loss (such as

forgetting names, directions, recent events) 30

Edited by cowgirl

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Only 100% has total occupational disabled in it. Worded differently though. But at 70% he may be declared unemployable which essentially means he's totally disabled for work. Even at 50% he may be declared unemployable if he has another condition or conditions that brings his rating up to 70%.

50% is only reduced reliability in work even though I have heard of a few very rare cases a vet was award TDIU with 50%. It would take special consideration to achieve this though.

Say a vet has several service connected issues depression already rated 30% and is on ssdi for SC physical conditions.

Tdiu is awarded due to mental health examiner opinion that all these do cause the vet to be unemeployable. No mention of ssdi, not sure if that is normal.

Question: Does the 50% in the rating schedule seem to say 'unemployable' basically unable to work?

thanks for your thoughts.

Occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial,

circumlocutory, or stereotyped speech; panic attacks more than once

a week; difficulty in understanding complex commands; impairment

of short- and long-term memory (e.g., retention of only highly learned

material, forgetting to complete tasks); impaired judgment; impaired

abstract thinking; disturbances of motivation and mood; difficulty in

establishing and maintaining effective work and social relationships ............... 50

Occupational and social impairment with occasional decrease in work

efficiency and intermittent periods of inability to perform occupational

tasks (although generally functioning satisfactorily, with routine

behavior, self-care, and conversation normal), due to such symptoms

as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or

less often), chronic sleep impairment, mild memory loss (such as

forgetting names, directions, recent events) 30

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According to this, part-time work is ok as long as it's under the poverty threshold. Not sure if I would take the risk though...Which VBM edition is this?

Nice post

In Roberson v. Principi,18 the Federal Circuit held that the Court of Appeals for Veterans

Claims misconstrued the term “substantially gainful occupation” to mean that the veteran had to

prove that he was “100% unemployable.” The Court concluded that the plain language of the

regulation does not require such a showing.19 The Court stated that:

[r]equiring a veteran to prove that he is 100 percent unemployable is different than requiring

the veteran to prove that he cannot maintain substantially gainful employment. The use of

the word “substantially” suggests an intent to impart flexibility into a determination of the

veteran’s overall employability, whereas a requirement that the veteran prove 100 percent

unemployability leaves no flexibility. While the term “substantially gainful occupation”

may not set a clear numerical standard for determining TDIU, it does indicate an amount

less than 100 percent.

x

x

x

The Two-Step Analysis to Qualify for a TDIU Rating

See http://www.lexisnexis.com/veteranslaw/imag...mplesection.pdf

Edited by jerrbilly

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Wings excellent post for 'two step analysis to qualify for a tdiu rating' !

Sorry to the board for any confusion in my question.

Restated: "was awarded tdiu but with mental health rating 30%. Should this have been increased?" Decision for tdiu based on mental health examiner opinion.

difficulty in establishing and maintaining effective work and ............... 50

occasional decrease in work efficiency................30 (portions of mental health rating schedule)

Edited by cowgirl

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