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jfrei

Question

Am I able to work if I am 100% scheduler rated with 2 issues one at 70 % TBI and one at 50 % Depressive Disorder? I worked to hard with the VA in the appeal process to lose 6 years of headaches. I don't think I will keep my present job aviation is stress on  the memory unless I land a cake inspector job.

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You are allowed to work if you can or feel your want to try. The only way it would be a problem is if you are rated IU or 100% for MH. since the 100% on the MH side is predicated on total occupational disability, and IU is unemployable. But being 100% combined does not dis-qualify you from working unless you are doing things you told the VA you could not do anymore.

Edited by zuluvictor81
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  • HadIt.com Elder

Also you can work if your rated for IU schedular or extra schedular only if you have file another claim and was service connected for that claim and got fairly high % 60%and up  then VA Takes away your IU and rates you at the 100% rate on top of what your present rating is.

and then they are suppose to use the SMC's Special rate tables  to see if you quailfy for Statatory SMC Ratings.

also education allowences.

but if you do go back to work look on ebennys and make sure your 100%shecdular and NOT rated for the IU.

 

This should be in your award letter with EOB.s

Explantion of Benefits

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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3 hours ago, jfrei said:

Am I able to work if I am 100% scheduler rated with 2 issues one at 70 % TBI and one at 50 % Depressive Disorder? I worked to hard with the VA in the appeal process to lose 6 years of headaches. I don't think I will keep my present job aviation is stress on  the memory unless I land a cake inspector job.

Please check your VA math, with these two ratings you hit 88 which is rounded up to 90% and VA pays 100% TDIU that is if you are TDIU.  It really does not matter, If you are 100% schedular or 100% TDIU, VA can re-evaluate your ratings and propose a reduction if you continue to work after the rating.

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  • HadIt.com Elder

pete992

I think this poster was asking if he is 100% IU  Or using his combined ratings to reach the extra schedular and then he gets another rating that will boost his ratings to the 100% rating  and if he gets a high enough rating sat  60%or more then he can quailfy for SMC.

If a veteran has a 60/ 70-/80/90 rating and is awarded IU  and is awarded another higher % of those mention above  they Automaticly take the IU away and give the veteran the schedula rating...because he don't need the IU Rating anymore.

Anyway thats what they did with me  although I had a 100%TDIU P&T Rating.

jmo

...Buck

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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44 minutes ago, Buck52 said:

pete992

I think this poster was asking if he is 100% IU  Or using his combined ratings to reach the extra schedular and then he gets another rating that will boost his ratings to the 100% rating  and if he gets a high enough rating sat  60%or more then he can quailfy for SMC.

If a veteran has a 60/ 70-/80/90 rating and is awarded IU  and is awarded another higher % of those mention above  they Automaticly take the IU away and give the veteran the schedula rating...because he don't need the IU Rating anymore.

Anyway thats what they did with me  although I had a 100%TDIU P&T Rating.

jmo

...Buck

Buck, There are to many scenarios that one can think of but what I choose to do is to answer the posters question.  Going into your reply is pure speculation even though you may be correct the OP did not mention SMC or extra schedular rating. The OP only inquired about continuing to work with two issues and no more.

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  • HadIt.com Elder

WELL

Mypoint was if your 100% and was  or IU  and you file another claim and the VA Rates you 60% above your orginal rating then they take IU AWAY and your not IU anymore but still have a 100% rating

as to which a veteran can work and not get a proposal for reduction for working.

but the VA Can and will send out a proposal to reduse if they get Information his disability has indeed improved.

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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