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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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commodog

C&P: Curious about terms and how they affect rating

Question

Hey guys! Recently had 2 C&P exams, both which were actually quite pleasant and professional, at the D.C. VAMC. Both docs listened, in entirety, to everything I had to say, and clearly had read my medical history, service history, etc.

In the C&P examinations, I noticed some categories and terms, and was wondering if any of you guys wise in the ways of interpreting said exams (previous raters, even?) could explain what the statements mean, and how they weigh on an individual rating?
If you can, cool. If not, hey thanks for reading anyways.

So here they are (both of these are reevaluations):

From a TBI C&P:

4. Functional impact
Do any of the Veteran's residual conditions attributable to a traumatic brain injury impact his or her ability to work? [X] Yes [ ] No

What does this tell or infer to the rater? What purpose does it serve?
IU eligibility?
Higher percentage?


From a PTSD C&P:

4. Symptoms  
For VA rating purposes, check all symptoms that actively apply to the Veteran's diagnoses:
[X] Depressed mood
[X] Anxiety
[X] Suspiciousness
[X] Chronic sleep impairment
[X] Mild memory loss, such as forgetting names, directions or recent events
[X] Flattened affect
[X] Impaired judgment
[X] Disturbances of motivation and mood
[X] Difficulty in establishing and maintaining effective work and social relationships
[X] Difficulty in adapting to stressful circumstances, including work or a worklike setting
[X] Inability to establish and maintain effective relationships
[X] Impaired impulse control, such as unprovoked irritability with periods of violence

Criterion G:
[X] The PTSD symptoms described above cause clinically significant distress or impairment in social, occupational, or other important areas of functioning.

 

I guess what I am looking for fellas, is just an idea of what these mean to the rater, and how much they impact my final rating? I'm not reading too much into it. I have learned from previous C&P's that it's just a waste of time to do so.

Thanks for your opinions/advice/perspective on this!

CommoDog

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From what I can see is all  favorable for you to get a 100% rating  possibly IU With P&T. Based on this C&P report of your systoms.

 With Mental health claims you will only be rated between the two  PTSD  or TBI

VA only rates one or the other. 

You should get a 100% rating  and if your 80% is for a different disability  this should qualify you for statutory criteria for SMC's.

& you won't need the IU.

JMO

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

 

Edited by Buck52
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Not sure on the second half, but the first part, does in impact work X yes, will help with the rating, but I don't think it means you will get IU.

I have had that check on most of my exams and it helps the rating, but I am no wheres near IU.

You would have to look at the criteria for IU, although its just a guide as there are other ways of getting IU.

Good luck,

Hamslice

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Then there's this, do you currently work at any type of employment, earning in excess of the VA SGI cutoff of $12,400.00 per yr if under age 65? 

Even before this C & P, your 80% SC made you eligible to file for IU. In order to qualify for an IU Rating, you must be determined by the VA Rater to be IU due solely to your SC Condition/s and unable to do even Sedentary work that would earn in excess of the SGI. Your Education, work experience and SC MH C & P all come into play.

Will you get a 100% Scheduler MH rating, maybe but probably not, you don't sound 100% MH disabled. A 70% SC is probably more realistic, that would put you at about 94% (90% SC), depending on your other SC Ratings. An "Inferred IU Claim" would be listed on your Award Letter if your not Rated at the 100% Scheduler.

Wasn't there an "Inferred IU Claim" referenced on your 80% SC Award Letter?

If you end up with the "Inferred IU," you must file the actual IU FDC right away. You would be well served to give the VA Vocational Rehabilitation Denial Letter careful consideration, if you have to file for IU.

Semper Fi

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Sorry, forgot to mention, that "Impaired Judgement" & "Impaired Impulse Control" (X) from your C & P, may end up being very problematic, with the VA proposing a Fiduciary Appointment. Be Prepared.

Semper Fi

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I think that the doctors statement is favorable, but it may not be enough for raters.  You see, the doc said your disorder "impacted" your work, but did not state the magic words:

"This VEteran is unable to maintain substantial Gainful employement due to SC PTSD".  

The doc did not say the magic words.  He said that PTSD "impacted" your work.  Impacted it how, and how much?  Does it mean you can not work, or does that mean you may have to take time off work for doc appointments, or PTSD flare ups, which cause you to miss work?   

The DBQ is deliberately done this way to hornswaggle Vets out of their benefits.  If the VA DBQ had a question, 

"Is the Veteran able to maintain SGE due to SC conditions?"

Yes or no?, then Vets could get approved.  They carefully worded the DBQ so this does not happen.  

I think you will need an IMO/IME or Voc rehab specialist favorable opinion to close this gap and get IU or 100% ptsd if that is what you are seeking.  Or, another VA doctor may have, or will, say the magic words.  

Edited by broncovet

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