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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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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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Question

In recently received my C&P exam and here is a summary of the results. What do you believe my raiting would be? This was done using the DSM 5 standards.

The examiner found that you do have a diagnosis of PTSD that meets the DSM V criteria.  He also opined that your PTSD was at least as likely as not incurred in or caused by the claimed in service stressor event.  It was also noted that your primary diagnosis is bi-polar

Veterans Diagnosis:

  1. Depressed mood
  2. Anxiety
  3. Suspiciousness
  4. Chronic Sleep Impairment
  5. mild memory loss, such as forgetting names, directions or recent events
  6. disturbsncea in motivation and mood
  7. difficulty in adapting to stressful circumstances including work or work-settings 
  8. suicidal ideation 
  9. impaired impulse control, such as unprovoked irritability with periods of violence


i do well when I work and worry if I get  100% if I cannot continue my contracting for the military which would really hurt my kids support and make things more stressful. Though I have difficulty working when things get bad, Is it possible to be 100% without unemployability?


just would like some feedback and opinions 

Sincerelrey Just Some POG 


 

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Based on what you posted, that you are currently working, this shoots 100% out the window.  Read the criteria for 70 and 100 percent.  (I wont repost those criteria here, they have been posted many many times).  The criteria for 100 percent is "Total occupational impairment".  If you are working, then you dont have total occupational impairment.  You cant be just working and stressed..you have to be not working.  VA wont pay you for total occupational impairment if you think you can no longer work, but are working.  

 

Seventy percent is even doubtful, given what you posted.  Yes, you do have SI, as in the 70 percent criteria, but you are still working so that suggests a lower percentage.  Remember, VA is compensating you for the loss of earnings, and if you are working, well, that is unlikely to be 70 or 100%.  

I got 30 percent while (trying) to find work, even with SI.  Read over the criteria and see how your symptoms meet the criteria, tho, as I dont fully understand your symptoms.  Im sure you know those much better than I do.  

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@broncovet my contract vehicle is ending on december 16 so i will be unemployed unforunately I also submitted a letter stating that fact. With me breaking down due to all the stress it has made things 10x worse in my own head..I have more details if you want to take a gander. Maybe we can take this offline in PM'

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Ok.  You have to understand the difference between "unemployed" and "unemployable".  To get TDIU, you have to be the latter.  Millions of people get unemployed for many reasons, including job cutbacks, the economy, layoffs, and much more.  

To be unemployable, means that a DOCTOR says you are unable to work due to Service connected condtions.  That is, your service connected condition renders it impossible for you to maintain substantial gainful employment.  

Maybe you are unemployable.  I dont know.    Read your medical file, and you can find out if a doctor says you are unable to work due to service connected condtions.  

Being unemployed is not enough.  If GM lays off 1000 people, and Im one, that makes me unemployed, but not unemployable.  

The VA will contact your last employer and ask why you no longer work there.  Yes, they do that.  If you were laid off due to a contract ending, then they will presume you are employable.  In other words you worked until the contract ended.   Can you get what the VA is suggesting here?  If you can work, you do and finish the contract.  If you can not work, then you get fired before the contract is done.  

This may be what you dont want to hear, but, you will be much better off knowing its this way.  As always, you must have the Caluza triangle documented in your records, not in your head.  Caluza triange (for TDIU) is 

1.  Service connected diagnosis.  (not just a diagnosis)

2.  In service event, such as a stressor for PTSD.  The doctor would have to say something like, "This Veteran witnessed a horrific event in service (such as watching a friend burn to death), and this is at least as likely as not the cause of his PTSD".  

3.  Nexus or link.  A doctor needs to make a statment something very close to "   your PTSD (or other service connected conditions) is at least as likely as not preventing you from obtaining and maintaining Substantial Gainful Employment."

Beyond this, you need to meet the schedular requirements for TDIU or TRY to get a special exception if you are seeking extraschedular TDIU.  

Im trying to save you a lot of trouble, get your cfile and see if a doctor actually says these things (caluza triangle), because there is no chance of getting TDIU without the Caluza triangle documented.  It does not matter that you think you can not work, the VA will NOT connect the dots, a doctor must say it, and it must be in the records.  

Im trying to help here, you do not have to listen to me.  By the way, I have been fighting for TDIU since 2002, and continue to fight for it, now with a lawyer.    Im 100%, but lost my home in 2005, and am seeking back benefits to when I applied in 2002.  It took  my RO 14 years and 17 RO decisions, 3 BVA decisions, and 3 CAVC decisions and Im not there yet.   The VA did not even adjuticate my TDIU until 2009, they said it was "moot" because I got 100%.  I appealed and the BVA agreed with me so it was remanded.  The VA denied again, and I appealed to the BVA again.  Again I was denied by the BVA and appealed to the CAVC.  I just got a remand from the CAVC, have a lawyer now, and it is back to the drawing board, but I am hopeful this will be settled in 2017 or 2018.  That will be 16 years.  Alex got his after about 20 years, and much fighting.  

Get ready for a very long fight...yes, you may be one of the 15% who get it in a year or less, but make sure every i is dotted and t is crossed to have any chance of that.  

Im not suggesting, ever, you try to game the system.  Instead, I am suggesting you work until your doctor says you can not do it anymore.  If your contract ends, try to get another job or another contract, and keep trying until your doctor says its hopeless due to service connected conditions.  I have no idea how much longer you can work, if at all.  You may well be done in december, I just dont know.  But, to get TDIU a doc will have to say it.  

By the way, I tried to get more work for about 2 years before a doc told me I was unemployable due to SC conditions.  EVen when the doc said it, I did  not beleive him and tried to get work for another year.  

Edited by broncovet

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