ptsd Ptsd P&t And Work?

[k02]

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.

[jbasser]

100 PTSD rating requirements prohibit wiorking as well as other items. Dont work or volunteer. Why Play Russian Roulette.

J

[georgiapapa]

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

[TiredCoastie]

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.

[GuaymasJim]

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

[Navy04]

I am a 100%, and I am unable to work at all due to Physical and Mental Health. So many Vets are struggling and could only Pray to get to 100%. As stated above unless you are in over your head in Debt, and unable to feed your family, why risk losing the 100%. I have had so many fellow Vets ask me for help after the VA reduced their 100% Mental Ratings, because the Vet was still working, by then it was too late for me to help them. You just need to sit down and really think about your future. God Bless and good luck

[k02]

Thank you all for your insight. I really appreciate it.

[Fco75th25div]

Yeah ... Jim. spelled it out to the letter !

[vet201060]

According to the wording if you are rated 100% permanent and total then you shouldn't be able to work regardless if it is physical or mental because it states permanent and total. I think a lot of people think they know and speak as if they do and they are wrong. I honestly dont know the answer to either one. Why would a physical disability be different then a mental one? If you are 100% then that mean the whole 100% of the vet is disabled. These are just my thoughts and I do not claim to know this as true one way or the other. If I have a job that is willing to adapt to my physical disabilities then why cant they adapt to my mental ones as well. They are known to adapt to both. I was also told by a VSO that if you are not TDIU or IU then you can make as much and work as much as you are able to.

I know this can be interpreted either way but to me It does not say that you cant work whether you are physically or mentally disabled unless it is due to unemplyability which is different than 100% scheduler rating. Based on the average person not on individual success....!!

I dont think we should surrender our lives for a stupid rating when we are disabled but might find success in working or volunteering. I plan on getting to the bottom of this issue in the coming months to prevent fellow vets from being scared to live.

Copied and pasted from 38 cfr

Subpart A—General Policy in Rating

§4.15 Total disability ratings.

The ability to overcome the handicap of disability varies widely among individuals. The rating, however, is based primarily upon the average impairment in earning capacity, that is, upon the economic or industrial handicap which must be overcome and not from individual success in overcoming it. However, full consideration must be given to unusual physical or mental effects in individual cases, to peculiar effects of occupational activities, to defects in physical or mental endowment preventing the usual amount of success in overcoming the handicap of disability and to the effect of combinations of disability. Total disability will be considered to exist when there is present any impairment of mind or body which is sufficient to render it impossible for the average person to follow a substantially gainful occupation; Provided, That permanent total disability shall be taken to exist when the impairment is reasonably certain to continue throughout the life of the disabled person. The following will be considered to be permanent total disability: the permanent loss of the use of both hands, or of both feet, or of one hand and one foot, or of the sight of both eyes, or becoming permanently helpless or permanently bedridden. Other total disability ratings are scheduled in the various bodily systems of this schedule.

§4.10 Functional impairment.

The basis of disability evaluations is the ability of the body as a whole, or of the psyche, or of a system or organ of the body to function under the ordinary conditions of daily life including employment. Whether the upper or lower extremities, the back or abdominal wall, the eyes or ears, or the cardiovascular, digestive, or other system, or psyche are affected, evaluations are based upon lack of usefulness, of these parts or systems, especially in self-support. This imposes upon the medical examiner the responsibility of furnishing, in addition to the etiological, anatomical, pathological, laboratory and prognostic data required for ordinary medical classification, full description of the effects of disability upon the person's ordinary activity. In this connection, it will be remembered that a person may be too disabled to engage in employment although he or she is up and about and fairly comfortable at home or upon limited activity.

I would also like to add by the way some look at the definition below then if you have a social relationship then you are violating the rating and should be reduced. So if you are married or say hi to someone or have any kind of social activity then you should be rated below 100%.

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%

I pasted the link to the site with the info below.

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=c130ec487ea61b8a40ad0836188b94bc&rgn=div5&view=text&node=38:1.0.1.1.5&idno=38#se38.1.4_110

Edited August 24, 2014 by vet201060 (see edit history)

[Mikemmlj]

I am going through unbearable anxiety for the past few hours....but I don't feel it all the time. I understand those that want to work but can't. If I could control the anger, anxiety, and. Pain I would. It is frustrating to be 100% but the VA doesn't rate you at that level unless you have serious trouble working.

[Philip Rogers]

If your 100% is not for 100% PTSD, alone, then you can work and, in fact, even w/100% for PTSD you could work but is it worth it?????????? One does NOT need to meet all of the 100% criteria, of the 100% PTSD rating, to be rated 100%. Is it worth losing about $33K ($40k, if it were taxable) a month, to work??? The choice is obviously yours. You could always do it for free! I have a vet friend, from my PTSD group, who's been a volunteer firefighter, for about 30+ yrs. His town gives him a $500 allowance each yr. He runs the pumper, which is a very, very, important job. He could never work but it helps him to survive. jmo

I've been 100%, for PTSD, for 25+yrs. I doubt I could work. If I did I would probably run the risk of probably going off the deep end, one day. I manage w/o meds, too. I feel so lucky to have my VA comp. Yes, I would prefer to be normal but it is what it is and I make the best of it. Much of my therapy comes here offering advice to other vets and for this I owe tbird a really big hug, for allowing me to be here. Again, jmo!

pr

[Berta]

PR, that was a great reply here.

I think every volunteer fire department around here in the boonies has some disabled vets in it.

It seems vets are often the first ones to volunteer for community stuff if they can help. Even in my church I see that as well.

We have 2 OEF Marines ,married to each other, with 2 young children who do some incredible work there.

And we had a birthday party for another Marine member, last month...It was his 92nd birthday!

His family ,at the party, gave him a blown up photo of when he was in uniform, many decades ago. He plays the harmonica sometimes at our services. USAF, Army , and USN has vet members there too and the minister who baptized me last September served for 32 years in the US Navy, 4 as a corpsman and then 28 years in the Naval Reserves, retired as a Commander.

"Much of my therapy comes here offering advice to other vets and for this I owe tbird a really big hug, for allowing me to be here. "

I completely get what you mean about the therapudic value of helping others. I feel the same way too, as a non vet and non disabled advocate because,

I think I have PTSD and PMS (pissing and moaning syndrome) from the VA claims process itself!

Dont forget our hadit anniversary is in January and the radio shows are always a Blast so call in if you can PR!

We all owe Tbird many electronic hugs for this site.

Many here ,as disabled vets give so much help ,like you do! That is extraordinary and really what I consider to be

continued service to the US of A!

and figuring out some of the posts and situations here is often difficult work to develop good advise on...and it's true value goes far above and beyond most paying jobs anyhow.

[usdart]

I asked the VA this question...the answer was worded as cannot be 'substantially' employed and receive 100%. So I quit my job and now have a part time job delivering rental cars for min wage to keep busy.

[rosypalm]

Do what makes you happy. Work is very gratifying and offers you freedoms that you might not get elsewhere. Just for thoughts?

[taharrington]

I wrote this question yesterday, but for some reason it never got posted to this string, If I quit my job does anyone know if it will help my appeal for TDIU or not? I was told by the SSN dept my SSDI was denied only because I worked, and if I resigned it would change what they are looking at.

[Mikemmlj]

?

[taharrington]

Mike you didn't see my question?

[Mikemmlj]

SSDI will certainly be denied if you're working and TDIU will be real tough to get if you're working

[WaStvet]

Hi this question is for anyone who can answer.. I got out the USMC in 2006

i got a 60% rating in May '14 (50pts 10hearing) the letter on E benefits says "you are not considered permanently disabled because you're scheduled for a reduction in rating in 2019.. what's up with that? Thnx for the input ladies and Gents!

[georgiapapa]

It mans your rating is not considered P & T and you are scheduled for a five year reevaluation exam in 2019. If the 2019 exam determines that your condition has not improved you will keep your rating. If the exam determines your condition has improved, the VA will try to lower your rating.

If you have problems with your condition between now and your 2019 exam, seek medical treatment and keep copies of your treatment records. You want to have as much evidence as possible and be prepared in 2019 in the event the VA tries to reduce your rating.

Good luck to you.

[WaStvet]

Thnx Georgia!