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.

[killemall]

Good post above

[vet201060]

So does it mean if you are 100% for mental disability only that you can not have a wife either? It has total for work and social. P&T are total and permanent disability would mean you should not be able to work by the definition just the same as for the 100% mental condition. The rating is based on the average impairment to income earnings. Just read below and see how you think it is. I see it as based not on the idividual but the average person's impairment to income. Which makes total sense to me. If I am working a job that pays me $9500//month but I have to miss work for my disabilities then that is where the payment from VA reduces the effect my or any other vets disability has on their life. I am very disatracted right now so please understand this may read funny. It is hard for me to get my point across. The way I see it is that you can work unless TDIU and then I think you can work part time earning under poverty. I have not read up on TDIU enough to really say much on the topic. I just know that you can work and be 100% mental but that will also be used against you in getting that rating in the first place.

§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.

[Pete53]

I am 100% schedular and I am that cause one of the main reasons is I cannot work. Unemployability is the shield that protects your rating in my opinion. It definitely is not worth the risk as VA tells you that they check your income as part of your rating.

Its hard enough to get and certainly is not worth the risk. If you want to do something productive volunteer and help others.

Good Luck

[Guest]

So does it mean if you are 100% for mental disability only that you can not have a wife either? No one is saying that. It has total for work and social. P&T are total and permanent disability would mean you should not be able to work by the definition just the same as for the 100% mental condition. The rating is based on the average impairment to income earnings. Just read below and see how you think it is. I see it as based not on the idividual but the average person's impairment to income. Which makes total sense to me. If I am working a job that pays me $9500//month but I have to miss work for my disabilities then that is where the payment from VA reduces the effect my or any other vets disability has on their life. I am very disatracted right now so please understand this may read funny. It is hard for me to get my point across. The way I see it is that you can work unless TDIU and then I think you can work part time earning under poverty. I have not read up on TDIU enough to really say much on the topic. I just know that you can work and be 100% mental but that will also be used against you in getting that rating in the first place. No, VA can not penalize you for working, what would happen is that you would get a lower rating 30%, 50% or may be 70%. It really depends on what your symptoms are and the symptoms that you claim (put in writing) and tell your treating doctors that you are having.

[jbasser]

In rality, why would anyone consider working if 100% for a MH condition asnd even IU. Now we all know the VA. Even if the law gave vets a loophole to work, is an organization that believes itself to be above all else, would scheme and kanive, twist, misinterpet, and would do anything and everything within its power to cut a vets comp off.

Why would a vet want that to occurr. I know several vets who are IU and got a 1099. The VA reduced them from IU to their percentage.

The bottom line is a veteran needs to use some common sense and once he reaches a certain level, Try not to rock the boat. The VA is a real big boat.

Here is the Law that prevents MH folks from working:

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%

[rosypalm]

Mental health is not different.