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  • 14 Questions about VA Disability Compensation Benefits Claims

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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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foreveryoung

VA status changed from TDIU P&T to Schedular P&T

Question

I was awarded 100% TDIU P&T effective in 2011, I had a few other claims being processed. About two years ago, I was awarded a new 50% rating and the VA appears to have moved me to 100% schedular P&T. No future exams. I have a few questions. Does VA moving me to 100% schedular eliminate my TDIU status in the VA eyes? The reason I'm asking is I was thinking about getting a part time job to keep busy and pay into SS to complete my 40 quarters. It was my understanding that if you were TDIU you can not be employed. But, since the VA changed my status to 100% P&T does that open the door for me to work at all?

Also, after 10 years or more being rated at 100% P&T does that provide my spouse  access to DIC?

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18 minutes ago, GeekySquid said:

which part are you rooting for? congress to update laws and screw veterans?Insert other media

Congress to update laws

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9 minutes ago, Richard1954 said:

Congress to update laws

that's the problem. It could be double edged sword for many veterans.

For example you mention COPD. In an update to 2019 options, Congress might just give you an Oxygen tank and mask and say "get a job". Those little portable oxygen concentrators are cheap and almost anyone can carry one.

folks with excruciating back pain that cannot sit, stand or lay for long periods might be given standing desks and an inversion board and told to "deal with it".

Congress might remove the ability to pay TDIU or pay it at a lower rate. They might decide that PTSD doesn't deserve compensation or that A&A is not something Congress wants to continue to allow. Or they might say the DIC and Dependents Education benefits are no longer viable.

The ability to work at home, online or independently selling over the phone changes a lot of the dynamics of employment and employability.

It is very similar to the situation where veterans were hoping that SCOTUS would overturn the Chevron Defense in a case brought by a veteran.

It sounds good until you realize that the end result would be every rule a Federal Agency made would have to become a law voted on by Congress and then could be challenged piecemeal at a dozen layers of Courts.

While bad for that veteran and those that wanted him to win, SCOTUS upheld the Chevron Defense and said that relying on the Department that wrote the rules to be the expert on those rules requires deference to the Departments opinion of how the rules are applied.

All of us need to take care in what we wish for, often when we get those wishes fulfilled, the results are not what we expected.

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17 hours ago, kanewnut said:

I guess if Stephen Hawking can do what he did in his condition almost no one is unemployable, except for intelligence.

I respectfully disagree kanewnut.  There are many reasons other than intelligence that can prevent someone from working.  Usually it is pain, not only does it make it hard to do daily activities it can actually affect the veterans intelligence in a bad way.  Others could possibly work in a sedimentary job but they are not cut out for it.  PTSD can warp a veteran in such a way that the veteran cannot function well in an office environment.  Companies that give personality tests prior to employment can weed veterans with PTSD out.  I am not aware of all of the reasons a veteran cannot work but these two are high on the list.

I myself am on UI.  I combine pain and PTSD, my work performance went from highly valued to a reduction in job rank and unacceptable performance before I was medically declared unfit.

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44 minutes ago, vetquest said:

I myself am on UI.  I combine pain and PTSD, my work performance went from highly valued to a reduction in job rank and unacceptable performance before I was medically declared unfit. 

@vetquest

Your situation is just one of the examples that show that if Congress decides to update 38 CFR to reflect 2019 work opportunities might just screw a lot of veterans. I don't know your age but you might be grandfathered, but other vets could get hosed big time.

A portion of Congress is keen on privatizing the VA and "reducing the costs" we  Veterans represent to the government. These are typically the ones who claim to be "small government" proponents, yet if you look at their records they are only for small government when it involves cutting assistance to poor people and veterans.

If it happened they gain control again, one thing we could see is an update to 38 CFR that MIGHT include veterans like yourself being told to get a job working from home. This might be done without consideration of exactly what work you are trained for, and what jobs are available for your skill sets.

I don't trust the highly partisan politicians on either end of the spectrum. Both are dangerous to Veterans and our society in general.  I for one will be very anxious if those "small government" types gain more power.

 

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