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I Have A Question 100% Ratings

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JayBrown1

Question

I have a combine rating of 100%, but on ebenefits it say I am being paid at 100% because I am unemployable, I am also Total and Permanent with no future exams. All of my disabilities are physical so why do some people get 100% T&P and others get what I got and then some get 100% scheduler? Where can I find info on the difference between them and the benefits that comes with each one of them?

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  • HadIt.com Elder

Yes and NO. A veteran can legally work and maintain a 100% SC P & T rating if he/she has a combined rating or a sole rating of 100%. Example a heart condition.

A veteran CAN NOT legally work with a sole rating 100% SC P & T for any MENTAL HEALTH CONDITION.

The 100% mental health rating criteria precludes a veteran from receiving the 100% rating and working at the same time.

There are some exceptions to the mental health rule that have to do with "meaningful" employment, protected workplace, etc.

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There are some exceptions to the mental health rule that have to do with "meaningful" employment, protected workplace, etc.

Chuck can you please clarify this statement? If you are talking about Marginal employment, I do not think it applies because Marginal employment has to do with TDIU and not 100% scheduler/shcedular.

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  • Moderator

100% mental is total and occupational impairment, by definition, so, no work.

The Earth is degenerating these days. Bribery and corruption abound.Children no longer mind their parents, every man wants to write a book,and it is evident that the end of the world is fast approaching. --17 different possible sources, all lacking verifiable attribution.

B.S. Doane College, Mgt Info Systems/Systems Analysis 2008

M.S.Ed. Purdue University, Instructional Development and Technology, Feb. 2021

M.S. Purdue University Information Technology/InfoSec, Dec 2022

100% P/T

MDD

Spine

Radiculopathy

Sleep Apnea

Some other stuff

-------------------------------------------
B.S. Info Systems Mgt/Systems Analysis-Doane College 2008
M.S. Instructional Technology and Design- Purdue University 2021

 

(I AM NOT A RATER- I work the claims BEFORE they are rated, annotating medical evidence in your records, VA and Legal documents,  and DA/DD forms- basically a paralegal/vso/etc except that I also evaluate your records based on Caluza and try to justify and schedule the exams that you go to based on whether or not your records have enough in them to warrant those)

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I have the Chapter 35 benefits which my daughter is using now. I did send an iris asking this question and the answer I got was "Your combine rating is 100% and you are considered Total and Permenant with no future exams. You are considered unemployable due to your disabilities."

on your letter, does it say you are being paid at 100 percent because you are unemployable (like mine says)? or does it say, your combined rating is 100 percent? my combined rating is 60 percent but am being paid at 100 because i am unemployable.

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  • HadIt.com Elder

I was 50% for a few years before I ask for increase with new IMO/IME's, was increase to 60% for tinnitus, and 30% increased in loss of hearing, so they made me 90%combined rating and gave me TDIU P&T with no future exams scheduled disability is of nature will likey not improve.

I am consider INDIVIDUAL UNEMPLOYABLE PAID AT THE 100% RATE. but my true rating is 90%. at current almost 14 consecutive years.

However I have recently been diagnosed by the VA for PTSD,& Severe Depression but I'm not sure I want to pursue a comp claim simply because I don't trust the VA although they themselves mention that my current disability will not improve, so usually when Veteran is rating at the 100% level with TDIU P&T or just plain 100%schedular...the VA can and will reassess your current disability before they rate the new one.

if the new disability rates you at a lower rating that what you have they will proposes a reduction in your current rating....how they do that I don't have a clue but it happens and all they will say is they notice a improvement in your current disability.

so this scares the veteran off and they win....and its not right when the veteran deserves his compensation both ways. and possibly be rated with SMC's.

so the veteran lets the sleeping dog lay.

jmo

..................Buck

Edited by Buck52

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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