Working and Aid and Attendance

[Anthony333777]

Hey guys, here's the scoop! Been in Voc rehab a couple times, failed, and going to voc rehab again. I have a 100% Permanent and Total Disability due to PTSD. I have other conditions that add up to 60% and I get Special Monthly Compensation S. My wife helps in accordance with Aid and Attendance standards and will probably have to continue this even if I'm working. What I'm trying to do is get a job at the VA as a nurse, but first I have to pass nursing school. Admittedly, I don't know if I can do that, but I'm trying. Can you get Special Monthly Compensation L if you are trying to go back to work or even working? 

[Buck52]

I don't  have any regulations on this but as long as your not IU  you can work  getting the SMC-S should not be a problem with you working but do keep in mind SMC is basically  a quality of life "entitlement".and if you go back to work could mean  They could call you in for a C&P or even review your complete file  and send you to exams to see if your s.c. conditions have improved.

[ShrekTheTank]

Buck is right on here.  See where it says Total occupational and social impairment?  Meaning if you go back to work they will relook at everything.  

I know a couple of vets to volunteer for organizations as this will not cause issue with this rating.  I think I understand you are trying to not just sit around the house and I will be the same way.  

Now if you are trying to get off of VA disability then that is great!  In the same breath it does not sound like it has gotten better?  There is a reason you are rated this high and it does suck.  Nurses can be on their feet for 12 hours a day and you would have to help other people with what they need.  If you are in need of A&A yourself, this might prove to be very difficult.  

[pacmanx1]

What you must consider is not just losing A & A, But you must consider losing your current PTSD rating also. This 100% rating and it doesn't matter if it is TDIU or scheduler precludes a veteran from working.  Total Occupational means you can't work at all  in any capacity to keep this rating percentage.  Now if you are trying to get off of VA disability I would also seriously consider that as not recommended due to the fact that your duties could trigger an episode that could cause a set back.  The environment itself can be very toxic and stressful.  Look at what we are going through with this COVID-19.  I would suggest that you find a hobby or something else. 

 

[Buck52]

Pacmanx1  I beg to differ

Veterans who are rated as 100% Schedular when the Schedular 100% rating is permanent are allowed to work at gainful employment. ... The bottom line is that the Permanent and Totally Disabled (P & T) status may be either 100% TDIU or 100% Schedular and the TDIU veteran is the one who can't work.

However I am not sure this veteran is TDIU or NOT?

[ShrekTheTank]

I thought they stated above they were 100% due to PTSD alone meaning they have total occupation impairment.  Which would mean they are not able to work? 

Now if it were any other scheduler rating then I would agree they could work without issue.  

[pacmanx1]

9 hours ago, Anthony333777 said:

I have a 100% Permanent and Total Disability due to PTSD

 

36 minutes ago, Buck52 said:

Pacmanx1  I beg to differ

Veterans who are rated as 100% Schedular when the Schedular 100% rating is permanent are allowed to work at gainful employment. ... The bottom line is that the Permanent and Totally Disabled (P & T) status may be either 100% TDIU or 100% Schedular and the TDIU veteran is the one who can't work.

However I am not sure this veteran is TDIU or NOT?

Buck, try this for thought.

Not for TDIU and Not for a mental health rating of 100% scheduler.  The key part is the mental health rating percentage itself states that a "Total Occupational Impairment" would cause a re-evaluation.  If the veteran can work then his/her rating should be re-evaluated.  The veteran states he is 100% due to PTSD, if the P & T is not 20 years and the veteran goes back to work VA could re-evaluate his rating.  I am rated as a combined 100% scheduler P & T veteran and can legally work but I do not have a 100% scheduler mental health rating.  The bottom line or the base line is the veterans service connected condition and then you consider the P & T. If the veteran's rating does not meet the 100% criteria then he/she is not entitled to P & T Or SMC. In other words, the rating comes first then the ancillary benefits of P & T and SMC.

Shrek, that is the way I understood the OP(Original Post)

Edited May 26, 2020 by pacmanx1