Still Working??

[jfrei]

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.

[Guest]

On ‎5‎/‎15‎/‎2016 at 8:56 AM, Buck52 said:

Yes TBI is mental health issue.

Pete992 it does matter what a veteran is rated and what for...I disagree with you on your statment below.

However I do agree about the 90% rateing using the extra schedular  to help the veteran get IU...but as for as working it does matter rather the veteran is 100% schedular vs the extra schedular for IU

 100% schedular veterans can work & IU Veteran are not suppose to be working.

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.''

 

Buck,

I never said a 100% schedular veteran cannot legally work, actually they can legally work but you overlooked my point. I stated that it does not matter, if you are 100% schedular or 100% TDIU, VA can re-evaluate your ratings and propose a reduction if that 100% schedular veteran or that 100% TDIU veteran continue to work.  Yes, I am aware of the SGA (Substantial Gainful Activity) but VA is VA and once they reduce a veterans rating it is a bear to correct their (VA) decision. 

JFREI,

For some unknown reason VA lumps TBI in with Mental Health Ratings where it should have its own rating but it is another way VA can screw over veterans.

[Buck52]

Roger that pete992.

[ArNG11]

On May 15, 2016 at 8:32 PM, Buck52 said:

Yes you can as long as your not IU. 

This why I brought up the IU.

IU Is rated for veterans that can't work due soley on their SC Disability & if there just a 90%combined  like your rating  then the VA Awards the IU with using the extra schedular  that brings the veteran up to the pay rate of 100% so actually your rating is a combied rating  it still equal a 100% rating(if your sc disability keeps you from working)

However a veteran can be rated 60% and still get the IU If their sc disability keeps them from working..you just need to prove it  by medical evidence and Dr's and not be working.

Most veteran can get SSDI if there on IU.

JMO

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

 

 

 

Buck I wish that were the case all of the time.  I was denied again for SSDI and I hold an IU rating.  Even with other permanent injuries that keep me from performing any of my previous job skills, the SSA denied. There are a lot of factors to consider, that should be considered, but are most often not.  This sucks to all hell.

Unfortunately you and Pete are right on the money with the VA being able to re-evaluate you at any time until you hold a permanent totally disabled rating.  Even if you were to put in a new claim the VA can review your entire service connected issues and propose reductions if the ratings are not protected or they pay a good old boy C&P doctor to opine against you and state that you have been healed somehow. Then the mess starts all over again.  It is a bunch of crap. Yet it happens.

Once you hit a five year protection mark, other than fraud, is it possible for the VA to initiate or try to make that situation stick?

Pete a question though, what regs did they quote with the TBI and mental health ratings being pyramiding, or have you dealt with someone who has had this happen, if I am understanding you correctly??? I am really curious to know?

[Buck52]

Mr A 

If your on IU  be sure and take your award letter and any medical records that got you the IU. 

If your still pretty young mid 30's early 40's  the SSA does some nit picking on your VA Claim. 

& deny because  you could be a door greater at Wal-Mart  ect,,,ect,,

Also take in to consideration that the first and second time the SSA deny's  (Most of the time) 3rd time if you get a SS Judge  that is when they usually approve you for SSDI.

With SSDI You need to be totally& completely Disabled  they don't go by %.

jmo

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

[ArNG11]

Buck I agree and understand those facts.  I was awarded a few months ago but I still have not received my decision letter, even after a FOIA request. I sent the request to the Evidence Intake Center per the process and still nada , zip, zilch.  I have gone to Muskogee once and as of recently supposedly my case has been certified to the BVA.  

The digital records system the VA claims to go by, apparently can't be looked at once it leaves the regional office, which I call BS on. But to be exact my appeal was not transferred to the BVA until March 24 of this year.  The BVA has not sent me notice that they have received the records yet.

You are right about the SSDI process and I am aware of that.  I though I was pretty slick in the way I laid my claims out, however, it seems as of now that even this part of the game is still rigged. It sucks the big one that is for sure.

I imagine things will get easier when I hit the one year mark since I last worked.  Hopefully that will help with the VA claim and the SSD appeal process.

[ArNG11]

Jfrei, I know it has not been long, however, have you gotten any answers from any one yet?