A 100% Single Mental Health Rating And Legally Working A No No

[pacmanx1]

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%

I started a new post because I have seen a lot of post in reference to being rated 100% for a Single Mental Health Condition and working. The fact is according to the criteria above. A veteran cannot legally work and be paid the 100% rate at the same time. The reason being is that the veteran would have to claim (put in writing that he or she is having these symptoms and these symptoms are persistent). I even read that someone had checked with HR and HR said they were OK but that is not true if the person is/was 100% scheduler for any type of mental health disability alone. If the person is/was 100% combine with both physical and mental health disabilities he or she would be legal but not with a single 100% mental health disability. The veteran would also have to claim that these symptoms are persistent to his/her treating doctors and any C & P exams. If I am wrong off or just crazy please correct me.

[Navy04]

Pete, thanks for the info, and you are right, there are a lot of Vets on here with 100% Mental Ratings and still want to work. Not worth traveling down that Slippery Slope for me. Thanks again and hope you have a good weekend

[georgiapapa]

I agree with the above opinions regarding a 100% rating solely for a mental health disorder.

However, in regards to the comments regarding a 100% rating which is part mental health disorder and part physical disability, I would add if the veteran is receiving IU (regardless of the rating breakdown of mental or physical) they could only work as long as the work is not considered substantially gainful employment. The employment must be considered marginal employment. I still believe veterans rated as IU are taking a serious risk of losing IU status and/or a rating reduction if they work as a definition of what is considered marginal work would be debatable. JMO

[rosypalm]

Mental health is equal like other disabilities.

[Guest]

Here is where a lot of veterans get messed up with TDIU. The op had nothing to do with TDIU, I did not mention it at all, it was for scheduler ratings only. For some strange and confusing reason some TDIU veteran's think that they can draw that 100% rating and continue to work. Which according to the 38 C. F. R. part 4.16 they can but the problem is VA, IRS, SSA and other agencies are keeping tabs/watch on how much the veteran earns and claims on his/her taxes. It is just not worth the hassle, I bet a lot of veterans lose their TDIU because they continue to have marginal employment. The real heartache would be losing it and fighting VA and trying to get it back.

[vet201060]

I can only speak fro myself when I say ou can be 100% scheduler rated and still work. If your rating was to say total and permanent then it would be the same thing as the mental health rating for 100%. If you did deeper into the regs you will find that the rating is based of how it would effect a person on average. It will effect a vet in different ways that wont exactly be the same for everyone. Most people just take the 100% rating criteria into account when you have to look at the whole picture. If they insist on a person rated 100% not be able to work they should make it that case for anything that puts you at 100% whether physical, mental, or physical and mental together. it just depends on how you interrupt it.

According to the rating you should not have any social contact with anyone either. If you read it that way then you should not be married or have a single friend. Saying hi to someone would be a social act or volunteering at the VA is a social thing too.

§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/...38#se38.1.4_110

Edited September 27, 2014 by vet201060

[brokensoldier244th]

100% impaired to their standard, which is not the same as total lack of function or ability. If I take a math test that requires Me to count to ten by 2s, and I count by 5s, I chunked the test. I can still count, however, just not to the arbitrary standard.