Jump to content
VA Disability Community via Hadit.com

Ask Your VA   Claims Questions | Read Current Posts 
  
 Read Disability Claims Articles 
 Search | View All Forums | Donate | Blogs | New Users | Rules 

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

Working With P And T Status

Rate this question


rosypalm

Question

Hello again veterans. I know this question has been asked before but I am rated 100 percent with p and t status. I just wanted to know if I can work "marginal employment" and not be reduced at all. As a side note I have ptsd a mental condition and not a physical condition. So i want to know if it would be alright to work only "marginal employment" below the poverty line without being reduced.

Link to comment
Share on other sites

  • Answers 7
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

  • Moderator

If a veteran is service connected 100% for any type of mental condition and works, VA will try to reduce their service connected rating.

Here is the 100% criteria again; Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name.

Just my opinion but I think marginal employment is referring to a veteran service connected for physical and mental disabilities that are awarded 100% P & T or a physical disability like a 100% heart condition but not for a 100% mental condition. If a veteran is awarded 100% for a mental condition and finds employment, then that means he no longer meets the 100% criteria because he no longer has total occupational and social impairments. The key words are Total occupational and social impairments.

Not knowing all the particulars, it will be very hard for a veteran 100% service connected for a mental condition to work.

Link to comment
Share on other sites

During a recent chat session with the Veterans Lawyers that was setup a few weeks ago, I asked the question "If someone has a 100% service connection P&T for a mentally-related condition, can they work below under certain amount like the Social Security Administration's Substantial Gainful Employment limit.

The lawyer's answer was that 100% service connected P&T for a mentally-related condition precludes working. Precludes means to make impossible, as by action taken in advance; prevent.

The lawyer did say that that working may be taken on a case-to-case basis, but he said there would be no guarantees.

In my case; although I go stir crazy at-times on my good days, I can not afford to risk losing my rating as that is the only means of support we have.

38 C.F.R. § 4.16© (1989) a mandatory 100% rating was given when the only compensable service-connected disability is a mental disorder assigned a 70 percent evaluation, and such mental disorder precludes a veteran from securing or following a substantially gainful occupation.

Hope this answers your question...

Link to comment
Share on other sites

What a bummer it is for me then thanks for your response . That answered my question.

rosey,

Please change your Hadit profile to reflect 100 % P&T.

Also, doing a volunteer job would not be considered employment.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use