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Worried About My Rating.

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Koalabiter

Question

Thanks for all the wisdom that you shared with me before my re-evaluation. I went in prepared, created a list and told the doctor how I really was. Fortunately, I had a great examiner who seemed very interested in what I had to say; he even gave me some advice about counseling groups to speak with. Today I received a letter from my advocate (DAV) saying that they reviewed my case and has increased my rating from 50% to 100%. I understand that this isn't the final decision, but now I'm confused and a little nervous.

I have a full-time job as a teacher. I thought that a 100% rating means that you are unable to work or hold a position that is considered "gainful employment."

Is this a fact that is going to be reviewed by the VA and taken into account? Is there any risk to my job?

Having a high rating would be great, but not at the risk of losing my job (I'm also a bit worried about unwanted attention from the VA. They used to call me once a week or so to try and involve me in new treatments).

Work provides structure, routine and established hierarchies for me to follow; I need it right now.

Yes, I know that the DAV might not have all the info, but I want to be prepared.

Have any of you been in this situation before? Where you have a job and are still awarded 100%? Any advice?

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If you are rated at 100% scheduler (against the rating tables) you can still work. If you were awarded IU, commonly referred to as TDIU (Total Disability Individual Unemployability) you can't work as you are considered unemployable.

If I were you, I would take a look at the letter from the DAV again to make sure it says nothing about IU; if it does not, then it's relatively safe to say that the VA did not rate you as TDIU and you can continue to work.

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For clarification :

If granted 100 percent scheduler due solely to mental health - NO WORKING.

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=28dd38cca4a5a2220337032f38a6679e&rgn=div8&view=text&node=38:1.0.1.1.5.2.111.73&idno=38

General Rating Formula for Mental Disorders: 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 ..100

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For some clarification:

As I said before, this information is only from my DAV letter. I had my re-eval last Tuesday; it will be 90 days before I get my official VA letter.

From the DAV:

"This letter is not intended to serve as your official notification from the Department of Veterans Affairs (VA). You will receive an official decision from the VA upon completion of necessary administrative processes. The VA reserves the right to modify the decision prior to your official notification. The VA's letter will inform you of the current monetary monthly and retroactive benefits to which you are entitled."

"The Disabled American Veterans (DAV) has reviewed the most recent VA decision concerning your claim for benefits. A combined evaluation of 100% has been assigned as a result of the following action(s):

Evaluation of PTSD and depression, which is currently 50% disabling, is increased to 0100 percent effective January 17, 2012.

If satisfied with this decision, no further action is necessary. If you disagree with any part of this decision, you may file what is called a Notice of Disagreement (NOD) to initiate an appeal."

And so forth.

Prior PTSD and depression rating: 50%

Shoulder: 10%

Lower back: 10%

Total rating: 60%

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Carllie is correct. If you are able to work you risk a reduction in your rating for a mental disorder. At 100% there is Total occupational and social impairment. Did you tell the examiner that you were working?

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