100 % T&P and working...

[KJay]

Can someone please help me?  My husband was recently rated "100% totally and permanently disabled" by the VA increased from 90% after his reevaluations they did.  He is still working and I was wondering if he COULD still work?  I have been on Google for days and find conflicting answers. I can't seem to be connected to anyone at the VA who can answer my question and I am not sure where else to go.  I have read and re-read this booklet of paperwork they sent and I don't see anything that specifically says he is unemployable just that he is 100 T&P and it lists his new benefits (commissary card, ChampVA for family, education benefits, etc).  He is disabled for his PTSD and TBI but he is at a job where he is able to perform his duties because they are understanding of his disability and work with him/around him.  I just wanted to make sure he wasn't doing anything he wasn't supposed to be doing that would result in future problems with the VA.  Honestly with his PTSD he needs to have something to keep his mind busy. When he is home and sitting around he starts to get antsy and overthinks things and gets "testy".  I hope its ok for him to keep working. Thank you for your help!

[broncovet]

You should be fine, "as long as" nobody told VA any lies, especially related to whether or not he was working.  If VA was deceived, then its bad.  If you told the truth, you should be fine.  

Max Cleland, Tammy Duckworth, and John McCain famously collect 100 percent and still work in "exceptionally" hi profile jobs.  

While its true that the criteria for 100 percent PTSD is "TOTAL occupational and social impairment," they make an allowance for small family type businesses where friends and family accomodate the disabilities.  

A well known law firm explains this "sheltered employment".  The "sheltered employment" applies to TDIU, but the same could be said about 100 percent for PTSD/depression, etc.  

https://www.hillandponton.com/sheltered-employment-tdiu-benefits/

The SBA even has loans for disabled Vets who want to try their hand at some type of business:

https://www.sba.gov/blogs/sba-extends-resources-service-disabled-veteran-entrepreneurs

The VA could hardly help 100 percent Vets get a business loan, then take away their VA benefits for "working".  

Remember, too, social security.  They encourage disabled social security recipients to go back to work, and even offer incentives for them to do just that:

https://www.ssa.gov/pubs/EN-05-10095.pdf

In short, as long as you told va the truth, dont worry about it, is my advice.  

[Buck52]

Only if he has PTSD as rated P&T.

other than a MH issue then its a sheltered income. I agree with broncovet.

Check out these different opinions from some not knoch disability Attorney's

https://www.avvo.com/legal-answers/can-a-veteran-work-with-100--permanent---total-pts-1981408.html

[Buck52]

Just be careful  we never truly know what the VA will do??,  they can call anyone of us up for a C&P AT ANY TIME before the 20 year protection rule.

Usually if veteran gets called up for a re evaluation adjustment the Veteran can and should get a private IMO/IME to counter the exam.  they can call anyone of us up rather or not were working   it's the IU Veterans that are not suppose to work and MH Veterans not suppose to work due to this reason.

''Veteran's 100% disability rating is for a mental disorder, the Veteran is considered to be unable to secure and maintain "substantially gainful employment." PTSD is characterized as a mental disorder.''..

[KJay]

He is 70 % for tbi, 70 % for PTSD, 50 % sleep apnea, 10 % optic nerve damage, 50% migraines. 

[Buck52]

With these combined ratings I think he can work not worry.

but I can't say for sure the VA will leave him alone.

[brokensoldier244th]

70% rating for MH (PTSD, etc) only indicates significant issues with occupational and/or social relationships. It doesn't preclude working. Now if he was  100% for it, that would rule out working by definition of the rating criteria. If he was I/U then he couldn't work without risk since he would be getting paid 100% based on not being able to work. If you add up to 100%, though, the rules are different, so long as the position doesn't aggravate what you have and no one exaggerated symptoms during the process then you/he should be fine.