100% P&T and back to work?

[11cvolley]

Does the VA have some sort of system for 100% P&T veterans trying to return to work with no repercussions if they fail at returning to work?

[paulstrgn]

Disabled Veterans Enrolled in a VA Training Program

Disabled veterans eligible for training under the VA vocational rehabilitation program may enroll for training or work experience at an agency under the terms of an agreement between the agency and VA. While enrolled in the VA program, the veteran is not a Federal employee for most purposes but is a beneficiary of the VA.

Training is tailored to the individual's needs and goals, so there is no set length. If the training is intended to prepare the individual for eventual appointment in the agency rather than just provide work experience, the agency must focus the training on enabling the veteran to meet the qualification requirements for the position.

Upon successful completion, the host agency and VA give the veteran a Certificate of Training showing the occupational series and grade level of the position for which trained. The Certificate of Training allows any agency to appoint the veteran noncompetitively under a status quo appointment which may be converted to career or career-conditional at any time.

38 U.S.C. chapter 31; 5 CFR 3.1 and 315.604

 

This can be found at https://www.fedshirevets.gov/job-seekers/special-hiring-authorities/#training

I encourage all vets looking for a job to look to work with the federal government. JMO

[11cvolley]

58 minutes ago, asknod said:

Many of you do not recognize there are two distinctly different 100% ratings-be it for PTSD or any disability. If you are rated a true 100% schedular for your disease, and have been granted Chapter 35 DEA benefits, you can go back to work. On the other hand, if you are rated 70% and granted TDIU at the 100% rate, and also granted Chapter 35 DEA benefits, you cannot go back to work. There is one narrow exception if you are employed in a "sheltered" employment such as a family business where they include you on the payroll. By being TDIU, you are forbidden to work period except as I mentioned. If VA sees your SSI earnings show employment, you will lose the TDIU and have to pay it back.

After 20 years at  any percentage, they cannot reduce or take away your rating. If you were rated at 60% for 20 years and then attained 100%, only the 60% would be protected. I fought VA for so long that when I finally won, both my 100% ratings were protected.  

 

So I couldn't attempt to return to work without losing my 100% rating?

[Buck52]

paulstrgn

Thanks for clearing that up  I didn't know this.

good Information buddy.

[Buck52]

asknod

What if veteran is TDIU P&T AT 90%Combined ratings and can't work due to his S.C. Disability's  and is getting paid at the 100% rate and chapter 35 .DEA ect,,ect,,

and 16 years later files   M.H. Claim  (PTSD) And is Awarded 70% PTSD...This meets the SMC H.B. Criteria and also gives the Veteran a 100% final degree rating...does that separate PTSD 70% Bring his rating up to the 100% scheduler and make the IU Moot? 

90% plus 70% would be rounded out to 97% to equal a 100% final degree rating...correct?

B/C Most veterans that get the TDIU P&T Are at a combined rating less the 100%   say 70% or 80% even 90% combined and using the CFR 4 16 (b)  to be paid at the 100%  Rate.

     but if they were 100% IU totally then IU is out and a true 100% rating should be given.

 

Edited October 29, 2018 by Buck52

[FormerMember]

Good point Buck. I have used that argument in front of BVA Judges. I didn't discuss the later IU scenario above. You can have a combined rating made up of lots of ratings that add up to 100% w/ VA math. That would be called a "combined 100% rating. The prime reason I don't like 100% combined is if you ever get called back in for a new c&p within the 20 years and they discover you somehow managed to get better, they can and often will reduce your rating. It might knock you down to the point where you even no longer qualify for IU. Always remember Buie v. Shinseki (2010)-the order in which you are granted claims is immaterial. What is material is that you can rearrange them to gain the highest and best rating. For SMC S, remember too that a TDIU can suffice for the total rating if it's at least 70%. That's how I get a lot of Vets their SMC S. 

Edited October 31, 2018 by asknod

[paulstrgn]

Buck52

I am happy to share. I really wish more veterans would apply with the federal government for jobs. They really do look past most disabilities, as long as you can do the job they will hire you. Some agencies even have telework programs, I currently telework and it is great. Plus if necessary the government will buy special equipment if need for the veteran to perform their job.

At https://www.usajobs.gov/ you can find government jobs and can even set it up so the system will email you on a daily basis new job postings that meet your criteria.