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  • VA Watchdog

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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I Am 100% Ptsd Disabled, Can I Still Work. It Does Not Say Iu 100%


chiefjr

Question

I am 100% disabled and working. I was given the rating of 100% during my comp hearing, while working at the VA. Is there any problem with this. I spoke with the American Legion and it does not say Individual Unemployable.

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chiefjr,

Based on posts I have previously read on this website, the VA would probably reduce your 100% PTSD rating if they find out you are working.

Good luck to you.

GP

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chiefjr,

It is my understanding the VA does not want veterans with 100% mental disorder conditions working and they do not want veterans with TDIU ratings working.

GP

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Be careful, 100% PTSD and working can only lead to reduction.

PTSD and mental disorders rated that high usually means the person has total occupational and social impairment. Clearly by working you would be demonstrating you are not totally occupational and socially impaired.

Good luck, the choice is yours!

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Unless you make a lot more than what your benefit pays... if I was you I would not work....

a 100% disable vet is truly not supposed to be able to work.

I suppose it depends on the disability?

jmo

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

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100% SC PTSD rating and your not in the Mental ward? Good for you. As long as your 100% SC Schedular you can earn as much money as possible and it won't affect your 100% status. Unlike IU where your limited to Substantially Gainful Employment Income of less than $12,400 or $11,400 if over 65 yrs of age.

As i recall 38 CFR 4 for PTSD h rates 70+ SC as having significanbt employment disabilities. Sounds like you don't. This could trigger a C & P for a PTSD rerating at some future point. I'd think your VA job is protected by your disability rating but how do you manage to interact with Vets and fellow employees?

Semper Fi

Gastone

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Did you just get thye job at the VA? Did you fully disclose your Mental Health Issues on your employment application? Your DBQ describes a Vet that is pretty screwed up and by all accounts Unemployable due to your SC PTSD condition. Possibility of a Work Place Violence situation seems to be a possiblility.

Semper Fi

Gastone

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Ok, herein lies the problem with working at 100% PTSD:

If you look at the criteria for 100%, you will see that it says the Veteran has problems in ALL areas: Social, Work, family, relationships, etc.

Also, if you look carefully at the regulations for reductions, you will see that the VA can reduce you if you show actual improvement "under ordinary conditions of life", which, has been defined as "working." In other words, if you are able to get by with your disability but you are not working, then some improvement would not justify a reduction, especially if your "improvement" came from not working. For example, say you have degenerative arthritis, and staying off your knees keeps you from having a flare up, and keeps the pain level low. But, if you went to work, the stress to the knees of constantly standing or walking would "flare up" your knees and create an intolerable pain level. So, your reduction in pain level is not "under ordinary conditions of life".

I agree with the others that 100% P and T for mental health conditions normally precludes working.

From the employer's stanpoint:

Would you really want a 100% PTSD Vet working for you that had suicidal/homicideal ideations, that was in the military and trained in weapons?

If you disclosed to your employer that you were 100% PTSD, then, its true he may have some kind of job you could do where you were not around people (so as not to be a threat), AND, he agreed to give you time off whenever you needed it for therapy. Those jobs are very rare, and, its not fair (IMHO) to your employer to not disclose that you are 100% PTSD.

I do think the VA allows this in some circumstances, such as a family type business where your family provides a job for you, knowing well your limitations.

A famous example I can think of is Sy Robertson, on Duck Dynasty. Nobody would doubt this guy is crazy. But, they keep him on, because, he can make duck calls, and, because his brother founded the company and he is not leaving his own blood out in the cold. He is very entertaining, but produces not very much work. More than one person has said the bizarre Sy Robertson is the guy who makes this show. Without Sy's crazyness, this show would be so boring no one would watch more than a couple episodes. I would speculate that, if, indeed Sy was 100 percent PTSD crazy, the VA would say that his family business warrants an exception, because the other Robertsons go above and beyond what an "average person" would do in putting up with Sy's craziness, and he would be truly unemployable outside the limited family business. Sy is paid by the family, pretty much, not for the work he does, but as a donation to him for how he helped the family business get started in the past. Sure Willie yells at him to get to work, but Sy pretty much ignores Willie and goes his own way. Still, his craziness is why the show is making big bucks, and I would quit watching if Sy left.

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I agree with everyone above, unless you are making 100k a year, I don't think that it is worth risking your future benefits. Too many Vets on here and that I know have been reduced or lost their Rating all together. If you feel that you can get out and work, do it under the table or work for family and friends. Too many homeless and starving Vets trying to get a Rating for SC. Good luck and God Bless!!!

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chiefjr,

If your employer deducts income taxes and/or social security from your pay, the VA can find out you are working. If you buy anything on credit, information on your employment will be listed with the credit bureaus and the VA can easily retrieve this information. If any of your coworkers, friends or others know or find out you are receiving VA disability compensationn and working, they may report you to the VA.

You are taking a big risk by working and collecting 100% disability for PTSD. JMO

GP

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Bob Dole was 90 per cent and worked John McCain has a high rating. You would be surprised how many Service Officers have high ratings but the facts are if your rating is for physical and schedular you can work if your are up to it, If it is mental the VA will find away to cut your rating for most.Most here who draw at 100% would much rather be working.

Hood Luck but you really have to decide. Chanxes are many could work for a short time but could not hanh in for a long time.

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If your not 100% SC P & T with no future Exams scheduled, the VA Eyeball is on you. Re exam is somewhere on your horizon but until then Earn On if you are able. Now if it turns out your actually rated as IU, the Gainful Employment Income comes into play. Hold a job with SGI $12,4+ for 12 months and you could be up for a reduction. IU Vets either have to report yearly income and/or their Tax Returns are monitored for Earning that would trigger a reduction. Until whenever, do what your comfortable with.

Semper Fi

Gastone

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I have a question, please excuse my ignorance as I am not fully versed on the 100% rating for PTSD. I understand what P&T and TDIU is and all that. My question is I am  currently 50% for PTSD. I am rated at 80% for all disabilities. 

I have had in the past year an increase in suicidal and homicidal ideation I was baker acted but then released once I got to the local hospital not the VA hospital. 

All of my Dr's and my C&P examiner suggest that I enter inpatient treatment. I am currently employed. If I get an increase to 100% for PTSD what Will I have to do. 

If I can't work I will make less than what the 100% pays at. I have extreme difficulties making it through my day at work and at home but I still have a family to support along with a special needs child and my wife is a full time student and is not working to take care of my son. I do not have any college degree I joined at 19 years o

d. I know I can file for SSDI etc but that will take who knows how long. 

If possible can someone provide some insight please. Your help would be appreciated, Thank you

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On 3/30/2015 at 11:55 PM, chiefjr said:

I am 100% disabled and working. I was given the rating of 100% during my comp hearing, while working at the VA. Is there any problem with this. I spoke with the American Legion and it does not say Individual Unemployable.

If you have a mental rating of 100% for PTSD, all clinical findings say you can't do it--mentally it's just too much for you.  Matter of a fact, for you to be rated this highly, you were deemed unable to hold or maintain employment. 

Here is a break down of the VA disability rating percentages and what they mean:

What Each Rating Means

100% rating: Completely unable to function socially or at work with symptoms such as severely inappropriate behavior, ongoing hallucinations or delusions, consistent threat of harming self or others, unable to remember basic information such as names of close relatives, severe confusion and disorientation, and/or inability to care for self.

70% rating: Unable to function in most social and work areas with symptoms such as obsessive behaviors, illogical speech, depression and panic so persistent that it interferes with ability to function, suicidal thinking, inability to control impulses (including becoming violent without provocation), neglecting self-care such as hygiene, inability to handle stress, and/or inability to maintain relationships.

50% rating: Some impairment in ability to function socially and at work with lack of reliability and productivity, due to symptoms such as trouble understanding, memory loss (forgetting to do things), poor judgment, mood disturbances, trouble with work and social relationships, and/or having one or more panic attacks weekly.

30% rating: Some trouble functioning socially and at work, occasionally inefficient with work or unable to perform work tasks, but generally able to care of self and speak normally. Symptoms can include depression, anxiety, chronic difficulty sleeping, mild memory loss, suspiciousness, and panic attacks (can be less than once a week).

10% rating: Mild symptoms creating work and social impairment when under significant stress, or mild symptoms managed successfully with continuous medication.

0% rating: Diagnosis of mental illness but symptoms are so mild that they don’t require continuous medication, or, don’t interfere with social and work functioning.

What will happen if I'm working during/after receiving a 100% mental health rating?  Chances are you will be scheduled for a comp and pension exam to reevaluate your mental health rating.  It may also happen that you receive a letter from the VARO suggesting they are intending to decrease your rating. 

It may be viewed as grounds to cause VARO to launch an investigation into your disabilities on suspicion of fraud. 

I'm not saying these things are going to happen.  Just that it's a highly likelihood 1 or more can and will happen within the next 18 to 36 months for certain.  

You did inform the examiner on your C & P exam that you are working at the VA?  Right??

Regards,

Whoop

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If your rated 100%scheduler  yes you can work.

If your rated 100% for MH  Say PTSD here is the 100%PTSD Criteria 

Total occupational and social impairment, due to 100 
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......................

 You can try to work but what employer would want you around  with being diagnose for 100% mental Health condition?

Also when the VA finds out about you working  this usually will prompt a C&P Exam  to reduce your benefits  and if your working with a 100% PTSD Rating  they will likely take that benefit down to 0% and if that's your only rating  then you will get nothing. * (jmo)

TDIU is the only rating condition that were not suppose to work. 

However this is debatable,  but in my opinion if your IU  you need to be carefull about working if you report your income and pay income tax.
         

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According to CFR Regulation38 4.16 (a)

38 C.F.R. §4.16(a) – Marginal employment shall NOT be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran’s earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold

Source: Accredited Attorney Chris Atig VLB

   A Veteran can work  that receives IU but he can't make over a certain amount,11.200 year, this is where the Veteran must be wise or very careful   if you work and make minimum  wage..it will more than likely go over the allowed income set by VA Regulations...

.usually when this happens and VA Checks the SSI Record  or IRS  and it shows you went over the allowed income   this is what will cause the veteran a lot of problems   VA Will be sending the proposal to reduce letter out   due to his working  more than the Marginal Income allowed 

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