100% Rating -

[tom91]

I have two questions that I am hoping someone can clarify for me as it relates to 100% combined rating.

1) Are you automatically deemed permanent and totally disabled when you reach 100% combined?

2) I am awaiting receipt of mailed appeal decision. Given that, can the VA deem you unemployable without having requested it? If so, how long before you have to quit work after notification?

[stillhere]

Well if the VA grants 100% if it is not a mental condition you can continue to work. If you are granted IU and you are currently working then you will have to stop right away or they may build a case against you and have it set aside.

I never filed for IU and worked even after I was granted 100%+SMC but it was to much for me and I stopped. Best thing I personally ever did! Even now sometimes I get the itching to maybe do something, but it goes away pretty quick.

Wait till you get your letter and post back.

Stillhere

[tom91]

Is permanent and total disabilty same as unemployable?

[stillhere]

No. Permanent is based on that the condition you have is stagnant and will never get better. It other words permanent. I have a heart condition that is rated 100% because as we all know it will never get better.

IU is based on the fact that you have enough of disabilities the type that can keep you from holding down a job and making a substantial monies tp support yourself and family. Some folks feel that you can work and just not make a substantial amount but VA will keep a close eye on you and can recall you if they feel you are making to much.

IU can be P/T but I know I have pretty much confused you now. After you get your documents we will be better able to help you or you can do a search of the site for IU and a whole bunch will come up. There is even a whole section based on it and is a good read. Give it a shot.

Go to forums and scroll down till you see the section with PTSD, Agent orange and there will be one for Individual Unemployable.

Stillhere

Oh on your #2 question if you are rated 100% then IU is a mote point.

http://www.hadit.com/forums/index.php?/forum/77-tdiu-unemployability-claims/ Here is the link just click!

Edited April 8, 2013 by stillhere

[Chuck75]

Is permanent and total disabilty same as unemployable?

No, they are not the same. P&T is appropriate when a disabling condition or conditions are unlikely to improve.

A Veteran may still be legally employable with a P&T disability, other than a mental condition (PTSD)

TDIU (resulting from one or more disabling conditions) can be P&T, just as a single condition can.

TDIU may be used when a Veteran is disabled due to multiple conditions that when VA math is used, will not produce

a compensation level that is commensurate with the overall impact of multiple disabilities.

P&T is more of a benefit related classification, and beyond that, means that "no further C&P exams are scheduled".

It does not mean that the VA cannot or will not require a veteran to have a C&P exam to verify a current level or condition,

until the duration of the condition meets "protected" criteria.

The veteran's compensation regs, laws, etc. do have rough edges here and there.

The stated purpose of veteran's compensation is to replace "lost income". Compensation for loss of quality of life, etc.

is not included. There are some provisions for covering a limited number of "increased costs" that a non disabled veteran would not have.

Yet, it's legally possible for a 100% scheduler P&T veteran to hold a job.

[Capt.]

Hello Tom,,,, P and T and IU are different. If you are 100 Scheduler meaning off the M21s rating scheduler then you do not have to go thru the TDIU or as we call it IU or unemployable. Stillhere gave you a breakdown of what has happened to him and some good advice.

Most Veterans do not understand the difference and confuse their rating AWARD letter to think they cannot work if given P and T. The other side of the coin is if awarded IU ,,,,,I would run from work at all cost. The VA will and must take the IU award from you due to you were working. NO YOU CANNOT make the means test minimum like Social Security and you really need to stay off the VA radar and do not give them an excuse to make a new ruling on you because of you working. I would not work if IU was the award. AND you can get into a lot of Trouble if you do ,,,,I know some Veterans that try to risk it but I want no part of that if I have to go the IU way.

Also remember the 10 year rule and the 20 year rule. That they cannot change your award and compensation after that unless Fraud is committed. After 20 years from date of award nothing can change it. ABOVE ALL the journey is long.......its tiring........its frustrating and thru this remember to NEVER GIVE UP. God Bless, C.C.

http://cfr.vlex.com/vid/340-total-ratings-unemployability-19775466 P and T Scheduler

http://www.benefits.va.gov/warms/docs/admin21/m21_1/mr/part4/subptii/ch02/ch02_secf.doc

TDIU Total Disability Individual Unemployability or IU as we call it

Also I posted right when Chuck did and his advice is right on with the "protected" time line I listed above for the 10 and 20 years rules. Good post Chuck about the C and P exams not necessary part of P and T...... I had forgot to put that in....See how we all help each other here Tom... This is the place to be.

Edited April 8, 2013 by Capt.Contaminate

[tom91]

Thanks for the feedback. Can you expand on the 10/20 year rule? I have disabilities that were approved back in 1991 but neither one of them nor the calculation of them is 100%, does that matter?