Do I have to quit my job?

[Splinter]

Hello everyone. See Below for what I received from VA

 

A little about me currently. I have a job that is very low stress (work nights no people no stress) very secure because I work in a mountain so im surrounded by granite. I work on computers so it engages my mind and keeps me as active as possible and is my passion. So my question is do I have to quit my job? Thanks!

 

June 23, 1999 June 30, 2019

VA Benefit InformationSummary of benefit informationYou have one or more service-connected disabilities:Yes         Your combined service-connected evaluation is:100%               You are considered to be totally and permanently disabled due solely to your service-connected disabilities:Yes           The effective date of when you became totally and permanently disabled due to your service-connected disabilities:July 01, 2019

major depression disorder, recurrent, severe, post traumatic stress disorder, insomnia disorder and eating disorder, NOS

100%

Service Connected

SMC-S1

Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (s) and 38 CFR 3.350(i) on account of major depression disorder, recurrent, severe, post traumatic stress disorder, insomnia disorder and eating disorder, NOS rated 100 percent and additional service-connected disabilities of migraine including migraine variants, tinnitus, independently ratable at 60 percent or more from 07/01/2019.

SMC-K1

Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (s) and 38 CFR 3.350(i) on account of major depression disorder, recurrent, severe, post traumatic stress disorder, insomnia disorder and eating disorder, NOS rated 100 percent and additional service-connected disabilities of migraine including migraine variants, tinnitus, independently ratable at 60 percent or more from 07/01/2019.

 

Thanks all!

 

[Buck52]

hummm  okay

I just never seen a veteran with more than one rated Mental Health Condition, usually the VA decides  on one or the other and usually goes with the one more severe condition,

    example if a veteran has depression at 30% and PTSD AT 50%   THEY usually go with the PTSD because its more severe. 

now if the veteran has been diagnose with TBI then that changes all this  because TBI and PTSD are two complete  different conditions. but have some of the same symptoms. (but I am not an expert on the TBI Condition)

I have a service connected 70% chronic PTSD from combat from Vietnam and depression disorder but they never rated me for the depression  just the PTSD..

Also I have Severe Profound Hearing Loss with Tinnitus  rated at 90%  yeah I am darn near completely deaf DUE to Loud noise induced  bilateral hearing loss, without both hearing aids in I can't hear shit.  mostly had learn to read lips and some sign language.

and also service connected for E.D. & they gave me the SMC S AND SMC K Too  but I am considered to be TDIU & P&T   With a final 100% degree rating  but I can't work if I could because of the TDIU. P&T

[Splinter]

Ahh I guess I just need to sit down with a VSO or something to get the scoop. 

[Buck52]

Well other hadit members will chime in that  know the CFR's a lot better than I do?

   because I am just not 100% sure you can work legally or not with these ratings???, but if they have you 100% scheduled rated  then you can work...its the IU veterans like me that can't work.

I don't blame you if you want to work and your able to  for your well being peace of mind type thing  I understand its not the $$$.

  Working is a type of therapy for you and I don't blame you one bit for wanting to work.

let other elder smarter hadit members chime in here and get their opinion  its better to be sure  if your not sure you can or can't be working.  you sure don't want your benefits to be reduced.

Edited July 12, 2019 by Buck52

[vetquest]

If you were on TDIU for a disability your letter would state:

You are being paid at the 100 percent rate because you are unemployable due to your service-connected disabilities: Yes

This happens when you are 100% scheduler but on TDIU to gain the maximum benefits under SMC.

Now being 100% scheduler for mental health is another wrinkle.  As vync pointed out this rating states Total occupational and social impairment.  I have seen nothing in the CFR's that relates to this but the VA also operates on assumptions and these have the ability to bite us as the VA interprets their decisions.  I would attempt to call a VA benefits lawyer to see their interpretation.  If none will answer the question for you I would ask your VSO to request the information from their lawyer as some of these organizations have lawyers they can ask specific questions.  

 

[Splinter]

This is my very first rating none previously. I wasn’t expecting receive 100% on mental health but it happened. I don’t want to lose that so if I have to quit my job I will and I’ll dive hard into school and just open a business in my wife’s name and get paid under the table at home. Maybe even file for SSI. It just sucks cause I’d be leaving a very lucrative job and that would mean we have to move from Colorado

[GeekySquid]

3 hours ago, Splinter said:

So now my next question does it still hold true that I dont have to quit my job? I know it may sound stupid, but as we all know 100% disabled doesnt mean what it says and P&T does not mean what it says so does housebound mean what it says?

Yes it still holds true.

I am 100% PTSD and I still work. If fact once I get the current NOD and CUE filed I expect to also be Statutory Housebound and will still work.

The housebound should not confuse you up because there are two types of housebound under SMC(s).

the one you have is called Statutory Housebound, it is the first of the two options listed in the law.

You can of course do what you want to, but VSO are notorious for giving bad/wrong advice and telling vets to "just accept" whatever the hell the VA says.

Read your letter...in there anywhere is the phrase..."is unemployable"? in fact is the word employment in there at all? any synonyms for work? any allusions to work?

Like I posted before there is a link right here on hadit about working at 100% https://www.hadit.com/can-100-percent-disabled-veteran-work/     you will notice NOT a word about MH vets being different than any other type of 100% SC'd vet.

If you still have questions contact one of the Attorneys that get cited here frequently Like Chris Attig who runs the VLB and has a Facebook Group, or Hill and Ponte. .. get a free consultation.

 

here is the law

https://www.law.cornell.edu/uscode/text/38/1114#s

38 U.S. Code § 1114. Rates of wartime disability compensation

(s)

If the veteran has a service-connected disability rated as total, and (1) has additional service-connected disability or disabilities independently ratable at 60 percent or more, or, (2) by reason of such veteran’s service-connected disability or disabilities, is permanently housebound, then the monthly compensation shall be $2,993. For the purpose of this subsection, the requirement of “permanently housebound” will be considered to have been met when the veteran is substantially confined to such veteran’s house (ward or clinical areas, if institutionalized) or immediate premises due to a service-connected disability or disabilities which it is reasonably certain will remain throughout such veteran’s lifetime.