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Ptsd P&t And Work?


k02

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After two years I finally received my decision. 100% for PTSD Permanent and Total.

Now here is my question. I know I can't work. I barely leave the house as it is. But I can't sit in my house and just let my illness get the best of me. I have been given the opportunity to write articles regarding my military experience. Write now I am just dipping my feet into this, but eventually if people like my work I may start getting paid. It's pretty much like a work at home gig. It helps me keep my mind off of everything, but it allows me to roll through the motions of having the highs and lows of being crazy. I know people don't like to be called crazy, but let's face it. What's going on upstairs is not normal. So I consider myself crazy :)

Now back to my question. Has anyone else run into this situation? I know the VA has lowered Vets ratings when they volunteered at the VA. Because they considered that functional. But lets be real. These brothers and sisters go when they can and don't commit to it if they can't. That is not work. That is getting out of the house to do something that is giving back to society. And even if war has altered our brain waves, we will always have that want to serve. Even if it's few and far between.

Just curious on your thoughts.

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I have to agree with jbasser. In my opinion it is not worth risking a reduction in your rating. Of course, this is a personal decision you have to make.

Good luck to you

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What if a vet doesn't have PTSD, is 100 P&T from other disabilities, and can work a little on his own schedule like K02 is thinking about? Is that as risky? When the VA rep came through the TAPS class, she said that if a vet applied for TDIU and is paid at 100%, he can't work. If the vet is rated at 100% due to disabilities, that vet is permitted to work.

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There is really nothing Permanent and Total (P&T) about any VA disability rating. Any rating can be reviewed by the VA at any time; and the VA is not required to explain or even inform the veteran why it is being reviewed. Those "administrative reviews" that show up on eBenefits are sometimes exactly that. There are some procedural protections at 5, 10, and 20 years that should force the VA follow its own regulations, but the ratings can still be reviewed at anytime. The VA does not always follow the rules. Fraud can be alleged and investigated. If proven to the VA's satisfaction, the rating can be reversed at anytime.

This question cycles through had every couple of years. If a veteran has a 100% PTSD rating, that veteran by definition cannot engage in any "work" and retain the rating.

Here are the 100% PTSD rating criteria:

38 C.F.R. § 4.130, DC 9411
General Rating Formula for Mental Disorders:

Total occupational and social impairment, due to such symptoms as: gross impairment in thought process 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%

Read those criteria carefully--Total occupational and social impairment! What they are saying is that the veteran with this rating WOULD NOT BE ABLE TO BE PRODUCTIVE EVEN IF (S)HE WANTED TO BE. Period.

100% PTSD with no future exams is the most reviewed rating in the system! The VA is actually looking for veterans gaming the system with this rating! i am not accusing you of this, but believe me the VA will certainly review it regardless of the length of time you have had the rating.

So, like the others who have posed, anything productive will invite additional scrutiny. Don't take the risk! Unearned income is not a problem--I won the Power Ball 2nd Place--$100,000-didnt even raise and eyebrow at the VA.

Think your plans through completely BEFORE you act,

Good luck

Jim

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