Need your opinion please

[abhusal]

Hello all,

Initially I was 30% for Anxieety and Depressesion, 10% for Stomach. Later I was diagnosed with Sleep Apnea, claimed for it. VA asked C&P for Anxieety and Depressesion not for Sleep Apnea. They bumped my Anxieety and Depressesion rating to 70% and approved Sleep Apnea claim for 50% - combined 90%.

I was 0% rated for migraine predischarge exam. This Februry I put new claim for Erectile Dysfunction, RLS and Traumatic Brain Injury after I was diagnosed with Erectile Dysfunction, RLS and Traumatic Brain Injury and Increase for migraine.

This afternoon when I was looking at the ebenefit, I saw migraine increased to 50% (I had DBQ done by my civilian PCP) and 0% for ED, others Deferred. When I looked at the VA letters I saw 100% rating. I was shocked looking at it as I was not expecting it. It has review date of April 2020. 100% as of Feb 1, 2015 - $3172 with one Dependent ( I assume it is with ED)

Now, I need your advise. I am working now for DoD. I did not apply for IU. Of course I do have some perfermance issues sometimes at work but I am dealing with it and I would like to continue to work. I believe I am not 100% schedular since my ratings are: 70%+ 50%+50%+10%=93.25% =90%. I haven't receive the letter yet.

Can I continue to work now? Why they rated me 100% without me asking them?

Please your opinion.

Thank you.
 

[Guest]

I could only say that maybe you are missing something.  one more 10% would get you to 95% which VA would round up to 100% and you could legally work with those ratings.  You are actually at 94% according to the VA chart.

[abhusal]

I could only say that maybe you are missing something.  one more 10% would get you to 95% which VA would round up to 100% and you could legally work with those ratings.  You are actually at 94% according to the VA chart.

Pete,

Thanks for the reply. Actually I have another 10%. Here is the break down:

Mental Health: 70% + SA: 50% + Migraine: 50% + Stomach: 10% + Tinnitus: 10% = 93.93%

Still does not make sense.

[pwrslm]

Wait for the letter.  See why they have you listed at 100%, it might be a good surprise.

[Guest]

I try to tell all veterans to go by the rating chart that VA uses.  There are no decimal points, so your 70+50+50+10+10 = 95 and then VA rounds up to 100% schedular and you can legally work.  That is until VA decides to re-evaluate your service connected conditions.

Congrats on your win. 

http://cfr.vlex.com/vid/4-25-combined-ratings-table-19774341

Edited August 25, 2015 by pete992

[USMC_VET]

There is schedular, TDIU and P&T.

100% schedular doesnt mean you cant work, however if you are working and its a decent job etc and one of you ratings is based on "severe economic inadaptibility" (ie. this really impacts your ability to work) then you could be seeing a reduction in the future.  However i would rather work. 

TDIU means you cant work, if you can you will see it dropped

Permanent and Total means you can work, just that your problems will NEVER get better.

I am not trying to get you worried over nothing, just some info, congrats!

[broncovet]

A Veteran can, and should, "decline" a Veteran's benefit that he/she feels undeserved.  

If you are working and the VA awards TDIU, then, by all means report that.   VA regulations even allow "marginal" employment, where the Veteran earns less than the poverty level (about 1000 per month).  In other words, the VA wont have a tizzy if you get TDIU and charge your neighbor for mowing his lawn.    But if you are/have earned more than about $12,000 in the most recent 12 months, and are getting TDIU, you better report it.  Not reporting it borders on fraud.   

This ONLY applies to NSC pension or TDIU.  If you are getting compensation at any rate, then you can also earn an income, with the exceptions of IU or NSC Pension.  

If you are on pension, they will simply deduct what you earned, and pay you the difference.  

With IU, you are required to fill out an annual form, which lists your income.  Even if you dont get the form, be sure and report income that is not "marginal" to VA.  

 

Edited August 25, 2015 by broncovet