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]

TO BE SURE CALL YOUR REGIONAL OFFICE AND ASK THEM THIS QUESTION?

    IF THEY SAY YES  THEN ASK THEM TO SEND YOU  A CONFIRMATION LETTER  ON THIS ISSUE..

It's better to be sure from the big boys ...cause we make mistakes...and we sure don't want to give you any wrong information on this  or miss up your Job in anyway.

[GeekySquid]

10 hours ago, Splinter said:

So my question is do I have to quit my job?

In a word, NO.

You posted a passage that says you are 100% P&T. You are receiving STATUTORY SMC(s). Neither of which precludes you, by operation of law or regulation, from working at any job you want.

You post has dredged up an old argument that veterans with a Mental Health rating of 100% cannot work. That is a bogus argument. In fact here on Hadit is a long blog post that obliterates that claim.

There is NO LAW or REGULATION that prevents you from working to your hearts content.

Nothing in your post says squat about TDIU, so unless you have that rating, or had that rating and were now bumped to 100% P&T, then it does NOT apply to you. Now if you were TDIU and working full time that should have triggered some problems for you, but it does not seem to be the case.

Congress, if it intended for veterans with MH conditions to not be able to work, would ENACT THAT LAW. They have not done so. Consider this. Congress enacted a law that says if a veteran is TDIU they could only earn poverty level wages. It is clear Congress has the power to do that same thing for MH conditions if they choose to. They have not done so.

Further the ADA prevents you from being discriminated against simply because you have an MH condition and that includes preventing the VA from denying you the same rights as any other 100% P&T Veteran.

The status of P&T functionally means, as @GBArmy posted, that you will NOT be reviewed for anything. Your income is not monitored, you don't have to do annual reports on income, nothing.

The only things that will trigger a review of your P&T status would be a new claim from you, a claim for an increase from you, a claim by someone that you got your rating by fraud. This will mostly hold true until the 5 year mark when you will gain another protective barrier to having your rating reduced. Then again at 10 and 20 years more barriers to reduction are imposed by law and regulation.  After 20 years of holding a rating then only Fraud can get it reduced or removed.

Your age, if over 55, adds another protection against reduction.

If any veteran makes a claim for increase or a new condition, their entire record is reviewed. This is in part why you hear some people say "don't rock the boat" on whatever percentage you get. The fear of reduction. It can happen, but it is a convoluted process and one the VA does not take up lightly. That 5 year barrier, and the age barrier, help you in those situations.

IF you are at all worried about it, Contact a Veterans Attorney like Chris Attig over at Veterans Law Blog. In the meantime don't sweat it. You are 100% P&T and it is perfectly legal for you to work as much as you want and make as much as you can even with a MH condition at 100%.

 

[GeekySquid]

36 minutes ago, GBArmy said:

He  is rated 100% combined P&T;

The OP says nothing about TDIU, that was introduce in responses to him. you are correct that he won't be reviewed once he gets the P&T status except under a few conditions.

If he makes a new claim, if he claims an increase or someone tells the VA he committed fraud in getting his rating. Besides those things the VA has no real reason to review his claim. Even auditing his claim file would have to uncover serious error in the rating to trigger an action to reduce. The audit would not include checking his SS or IRS records under normal audit conditions.

Now if outside what he posted already, he was TDIU and then bumped to 100% Schedular P&T, that might trigger a check in an audit. But nothing in his post says anything about TDIU.

Further from what he posted, it looks like he just retired from the service based on the dates at the top of his posting so it seems unlikely at this point he was ever TDIU.

[Vync]

55 minutes ago, GeekySquid said:

You post has dredged up an old argument that veterans with a Mental Health rating of 100% cannot work. That is a bogus argument. In fact here on Hadit is a long blog post that obliterates that claim.

Hey @GeekySquid, you might be right. Can you please share that long blog post for everyone's benefit? I was under the impression that "Total occupational and social impairment" meant you are literally unable to work, and if you were caught working, you would be reduced.

[GeekySquid]

6 minutes ago, Vync said:

Can you please share that long blog post for everyone's benefit?

it is right there on the list of the top read posts for 2018

https://www.hadit.com/can-100-percent-disabled-veteran-work/

no single word about 100% schedular MH conditions being separate.

In fact, there is no law or regulation that says 100% schedular MH is to be treated differently than 100% Schedular non-MH veterans

I understand a lot of people share your impression, but I have yet to meet one that can actually produce a BVA or CAVC case that says that 100% schedular for MH means you CANNOT work.

Now to be fair, many people with MH problems, as well as many vets with physical problems, cannot or should not work. That does not mean that Veterans Law & Regulation bars them from working.

If a hypothetical 100% Schedular MH vet also applied for SSDI and was awarded, that veteran will have the income limit but that is different than from VA Law preventing them from working.

It is just one of those topics that gets batted around and no matter the reality some people will continue to argue that 100% Schedular MH vets CANNOT work or the VA will attack them somehow. It is just not true.  TDIU vets, absolutely have limitations, but all TDIU not just MH vets.

[Splinter]

I want to thank everyone for your responses. I have read quite a few articles and nothing even seems to answer the question LOL. For the record I have not received my packet of information from the VA yet. What I pulled from ebenefits is what I posted. I am unsure if I am TDIU.. I am going to assume no because no where on the ebenefits site say anything about IU.

I am in the process of reaching out to a couple VA accredited attorneys as I do not want to break any laws or be said I am committing fraud. With my current work schedule I have plenty of days off to make any appointments and since I work nights I can do an appointment in the mornings any day of the week. I also work a panama schedule where its 3-4 days a week on rotation.

When I find out from the either the VA regional office or the attorneys I have contacted I will update and let you guys know so you can help others in my similar position. Again Thank you all for your responses. Until next time!