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  • 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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tom91

Claim Decision - Total & Permanent but.......

Question

Based on Ebenefits, they have closed my open claim and awarded me additional ratings. I was already 100% combined; however, when I go to Documents/Records and retrieve a VA benefits summary letter, it shows YES for 'You are considered to be totally and permanently disabled due soley to your service connected disabilities. The commissary letter goes on to say it is permanent and not scheduled for any future exams.

Here lies my question......would any of these state unemployable if the VA decision was that I am total, permanent and unemployable? I realize this will be all spelled out when I get the yellow envelope in the mail but thought others with experience might be able to let me know what I should see on these.

Thanks!

 

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I disagree a veteran can work and get TDIU P&T

If  a Veteran is awarded TDIU w/P&T combined rating or a rating of 100%

& if he/she is on TDIU P&T then he/she is not supposed to be working, if you work and the you have tax taken from your pay check....VA finds out   be ready for  proposal  to reduce your rating ...some say you can make under the threshold of low income less than around 12000/13000 Yearly...

I Personally would not chance it...besides if your TDIU P&T you can't work.

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Now if the Veteran is TDIU/ P&T with a combined rating less that the 100% and using the extra scheduler ( a) or( b) and has filed another claim on a different  s.c.condition, and is rating a 60% or 70% rating for that one condition the VA takes away the TDIU P&T and awards a 100% schedule rating with P&T...

Now when this happen the Veteran is given the Statutory  SMC -S H.B. rating  and is allowed to work and make so much, that 60% or 70% rating on top of the IU Ratings to scheduled at 100% can go to school...which I never understood? but the TDIU P&T means your not able to work period.

As to which don't make a lick of sense to me

jmo

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

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I was rating with TDIU P&T chronic in Nature with no exams scheduled.

I was at a 90% combined rating with a 10% rating for tinnitus  but that's is still considered a 92 % rating and back to the 90% combined rating using the extra schedular (b) to jump on the TDIU... Years later (14)

I filed another NEW CLAIM and was awarded a 70/% rating...VA took away the IU and gave me a 100% schedule rating and with the extra 70% they gave me SMC-S H.B.....It's an extra 347.15 month with spouse.

The SMC is a Statutory  rating after a Veteran reaches up to or over 160% rating, However the Veteran is still considered to be at a 100% rating.

As I understand it anywayz.

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

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I'm trying to determine if the VA decision was to have made me permanent/total AND unemployable, would my letters in Ebenefits include reference to unemployable OR is the letters written as I described in my original note tell me they just put me as total & permanent

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to further clarify, I was already and continue to be 100% schedular

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    • Yes 

      After a PTSD/Unspecific MDD Diagnose From the VA Dr's

      The gold standard for diagnosing PTSD is a structured clinical interview such as the Clinician-Administered PTSD Scale (CAPS-5). When necessary, the PCL-5 can be scored to provide a provisional PTSD DSM 5 diagnosis.

      Any clinical clinician such as MD ,Psychiatrist even a L.C.S.W. (Certified)can perform the Diagnostics Evaluation Employed by the the VA

      ...They just need to figure out your symptoms and put together a list of your symptom's that you possess or show from the evaluation...I am not 100% Sure just how they do this ?

      being I am not a Dr or clinical clinician 

      Once a Diagnoses of PTSD is given they try to set you up with a Therapist to help with your New dx And how to adjust or cope with the Anxiety and Depression the PTSD can cause.

        you learn the tools to cope with and depending how severe your symptoms are ? 

       They test /screen you with phychoeducational type therapy treatment usually at first.

       Warning  some of this therapy can be very rough on a Veteran  from holding on to guilt  from the trauma its self or you maybe in a  ''stuck point''from memories and guilt or from the stressor's or anything that reminds you of the trauma you endured.

      The therapy works  even if we think it don't,  I recommend Therapy for all PTSD Veterans  it could very well save your life once the correct therapy is in place and the Veteran makes all his Clinical Appointments.

      I still have Combat PTSD it probably will never be cured completely but we can learn the tools it takes to cope with this horrible diseases 

      even learning breathing techniques  Helps tremendously during a panic attact.

      I have guilt from the war in Vietnam  ( I ask my self what could I have done to make a better outcome/difference?..and also I am in what the therapist calls stuck points. working on that at present once a week for 90 minutes.  I am very fortunate to have the help the VA gives me and I am lucky I have not turned to alcohol or drugs to mask my problem.

      But I have put my family through a living hell with my angers of burst.and they all stood by me the whole time years and years of my family life was disrupted because of me and my children &spouse  never deserved it one bit.

      That's all I want to say about that.

      At least I am still around. and plan to be tell my old age dying day.
    • No timeframe gotta love that answer it’s even better when you ask 1800 people or call the board directly they’ll say you’ll know sooner then later. I had mine advanced and it was about 2 months later until I had the decision in my hand which seems forever but in the present system in 2016 lightning fast...
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    • I am serviced connected for ankylosing spondylitis back in 1985. I had a C&P exam on 7-7-19 since I am asking for an increase in my cervical, thoracic, and lumbosacral ratings. After speaking with the DAV to find out progress and info on my exam, the Rep. noted sort of what I expected. Radiculopathy was noted and ROM was 0-15 for cervical, and 0-25 for back. I am currently rated as Cervical 30%, Thoracic 10%, and Lumbosacral 40%. The main question that I have is relating to the thoracic 10% and lumbosacral 40%. I am confused on these two. Is Lumbosacral separate from the thoracic/others ? Since my back ROM is at 0-25, does this mean that my thoracic might increase from the 10% to a higher rating ? I am confused how they break down my ratings from cervical at 30%, Thoracic at 10%, and Lumbosacral at 40%. Also, with the radiculopathy, is this something that they will rate also ? I am currently at 90% total combined for all my disabilities. I hope this helps for someone to give me advice/answers.
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    • Thank you @GeekySquid for your reply. 

       

      I have redacted personal information for my documents listed below. 

      I look forward to your reply. 

      HEADACHE STR 2006 copy_Redacted.pdf

      HEADACHE-DBQ.pdf

      Pages from Original Denial-Grant Reasons_Redacted.pdf
    • Hello Defenders of freedom!

      I have a question pertaining to this denial for headaches. The decision letter is quoted below. 

       

      3. Service connection for headaches.

      "We may grant service connection for a disability which began in military service or was caused by some event or experience in service.

      Your STRs are negative for any treatment of or diagnosis of headaches. On your post-deployment exam in 2005 you denied any headaches. On separation, you denied any headaches. VA treatment records are negative for any treatment of or diagnosis of headaches. On VA exam, the examiner stated there was no evidence of any residuals of a traumatic brain injury.

      We have denied service connection for headaches because the evidence of record fails to show this disability was incurred in or caused by military service."

      From my understanding these 3 points must be overturned to successfully win a CUE case:

       (1) either the correct facts, as they were known at the time, were not before the adjudicator or the statutory or regulatory provisions in existence at that time were incorrectly applied; 

      (2) the error must be undebatable and of the sort which, had it not been made, would have manifestly changed the outcome at the time of the prior determination

      and (3) a determination that there was CUE must be based on the record and law that existed at the time of the prior adjudication in question.  

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