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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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creek chub

1151 payment

Question

How is the 1151 payment awarded? For example, if I'm currently service connected at 50% for condition X, and got awarded 100% thru the 1151 process, would I still be able to legally work? 

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They like to combine 1151s with SC ratings via VA fuzzy math.

You must feel you have VERY strong 1151 evidence to get 100% under 38 USC 1151.

I can only think of 2 vets who got that, a vet friend I helped (misdiagnosis of colon cancer as hemmoroids ,for years, causing colostomy bag etc when the rendered the proper diagnosis) 100% P & T under 1151, and my husband, posthumous award 100% P & T for CVA under 1151.There might be a few vets here as well as 100, under 1151, but I dont recall who they are.

I hope you have a very strong independent medical opinion.

 

 

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gee I forgot to answer your actual question,.....VA buggered up both of these vets so bad with malpractice that they could never work again.

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Thanks for the reply Berta. As strange as it might sound, I'm actually somewhat scared to apply for a 1151 because I might get rated 100%. Working keeps me busy and on a structured routine which is a good thing for me. Just wondering how the math comes into play. From what I've read the rating is for payment purposes only whatever that means

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I managed to find some of your posts via google-it brought up your profile page...the search feature here does not always work for me.

This sounded like an ADA matter. Did you pursue it that way?

However it could be a 1151 matter as well.

You said you had a medical statement that stated your established SC disability was aggravated by the actions of your employer-VA.

I hope the IMO followed our IMO criteria here at hadit. And also that it was done by a psychiatrist/psychologist.

It had to contain a full medical rationale.

Oddly enough the 2 100% 1151 vets above were VA employees at time of the malpractice. My husband and the other vet both  worked in VAMC dietetics.When my husband suddenly died and when the other veteran could no longer work at VA ,after his problems were revealed, the going scuttlebutt in their same department among the Vietnam vets there was that VA was going to kill them all.  Of course they didnt as far as I know.

100% under 1151 is VERY hard to get.

I also remind all that if you are both a disabled veteran as well as a VA employee, make sure if the VA gives you medical care, they treat you as a veteran, not as an employee.That was their first mistake in the malpractice on my husband and I already told the story here of how I was able to prove an except from M21 for VA physicians dated 1988, caused both of these above disabled vets to be so malpracticed on that they could no longer work.

Additional malpracticed conditions my husband had ( DMII and IHD) were subsequently awarded under direct SC.

 

 

 

 

 

Edited by Berta

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My issue is somewhat unique, I suspect. Originally it was being pursued via an administrative hearing but not by the VA. Throughout the whole ordeal, the VA either thru corruption or incompetence denied liability. Fast foward a couple years, I now have a VA issued statement admitting guilt thus restoring some of my faith in the VA. I have not filed a 1151 yet. I was hoping to gain some relief via the "other" administrative process but I'm not getting my hopes up though. Actually getting the VA admission of guilt letter had made my anxiety levels go off the charts!! Not really sure what to do with this fiasco. 

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