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

[chiefjr]

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.

[Tbird]

https://hadit.com/can-100-percent-disabled-veteran-work/

[Buck52]

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 

[GeekySquid]

On 9/16/2019 at 3:55 AM, WhoopAssSmitty said:

If you have a mental rating of 100% for PTSD, all clinical findings say you can't do it

I wish this thread was locked so this argument does not keep coming back.

Read Tbirds link.

Nothing in the law says "if you are 100% schedular for PTSD/MH you cannot work" period. full stop.

that is a vastly different conversation than saying would an employer want you to be at the job if you have psychotic episodes. Buck is right on this point.

Further, VA compensation is based on the paradigm of 'the average person's ability to earn income" it is not disability in the was SSDI is. we are not collecting disability payment but compensation for the harm done to our ability to earn what the hypothetical "average person" can earn.

When he says VA might send you for a new C&P, that is true, but it is always true MH or Physical.

On 9/16/2019 at 3:55 AM, WhoopAssSmitty said:

Completely unable to function socially or at work

If what Whoop relies on was correct 100% MH vets would automatically get SMC(s) because they can not function outside the home socially.

and if Congress wanted 100% PTSD/MH vets to NOT be able to work they would have directly said so, like they do with TDIU. They chose not to.

I would love to see this false myth die a fast death, but it won't. sadly it just won't die.