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

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pacmanx1

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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.

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

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Mental health is equal like other disabilities.

No - mental health is very different from physical disabilities.

MH is not seen as an obvious disabling condition.

The rating criteria for MH is also quite different as most of it

is subjective versus physical disabilities being objective.

Mental health is not different.

MH is way different than physical conditions.

Carlie passed away in November 2015 she is missed.

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Vet201060 said,

can only speak fro myself when I say ou can be 100% scheduler rated and still work.

Reading over the threads again

This is totally different than being rated for a single 100% mental health rating. With your combined 100% scheduler rating you can legally work. I am not sure why you posted and jumped in because the op was about a single 100% mental health rating and not a combined scheduler 100% rating which is two totally and different separate views in the eyes of VA.

of course I am only guessing that you are 100% combined scheduler which you can work. If that is the case. If I am wrong and you are rated 100% for a single mental health rating Total occupational impairment means having no income earnings.

Edited by pete992
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1 of my ratings is 100% PTSD. That is why I am wondering where you get your info. I am not P&T tho and never have been. The reason I said you would have to be divorced and unsocial is because it states Total occupational and social impairment.

If you are permanent and total doesn't that mean you are completely disabled? Should a guy making over 100k/year throw that away for $42k/year?

Edited by vet201060
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  • HadIt.com Elder

By definition being 100% for a mental condition means you can't work or hold down a job. If you could do this you would not be 100%. The definition of a mental disorder that makes you 100% is very different from someone who is a double amputee and is thereby gets 100% compensation. VA compensation is not retirement. It is compensation for what you have lost. If you have lost the ability to work then you deserve 100% or TDIU. If you have lost both legs you deserve 100% for the loss of your legs. The definition of 100% disability for a mental condition for VA purpose is outdated. It should mean you are unable to work and support yourself and family. TDIU and 100% for mental should be the same rating. This is my opinion, and used to be the VA's opinion. The way it reads now is a 100% PTSD vet should be locked up in an institution and we know this is not the case. All SSA says is that if you can't work due to a mental condition you get SSDI. It does not say you are a danger to yourself and others etc.

John

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I just want to add in -

to anyone who is 100% solely due to a MH condition -

if you are able to hold substantial gainful employment or activity and make the choice

to do so . . . don't get all snitty if and when the VBA decides that you no longer meet the

criteria for that 100 % compensation.

Get off the dole and go make your dough.

jmho

Carlie passed away in November 2015 she is missed.

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