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? 

[ShrekTheTank]

1 hour ago, Anthony333777 said:

I'm 100 percent schedular Permanent and Total due to PTSD/bipolar/OCD/ADHD and 60 percent based off other conditions putting me at Special Monthly Compensation S. I know that 100 percent schedular means Total Occupational Impairment plus other qualifications I more than qualify for. However, depending on how you interpret that, I'm looking at the possibility of working. My logic is Total Occupational Impairment means that you are going to struggle at every job you have. If I have special accomodations as a protected veteran, I might be able to work. Even Veterans who are TDIU get to keep their benefits as long as they have special accomodations. My problem is my intelligence goes from super high to way below average depending on my disability. I've been working on this for years and I still have ups and downs. As a nurse, there is no way I can work twelve hours. I'll be lucky to do 8. However, there is a lot of part time work as a nurse and the VA is always hiring nurses. I figure the VA would be understanding of me. Where I'm at, the VA only works nurses Monday thru Friday 40 hours per week. They let me off for my appointments and still pay me. If I go to the mental hospital, they won't fire me. The reason I'm asking about Aid and Attendance is my wife helps me out in accordance with the regulations. However, I wasn't sure if you could work and get Aid and Attendance (Special Monthly Compensation L&1/2). Has anyone ever heard of anyone working and getting this?

First off I want to say I am not trying to be mean here, I just want to make sure you know what a real possibility it is to try and go back to work with were your claim is at.  I am not a lawyer but I have been on here a while and I also have a friend who had theirs taken away because they were working.  Which would be correct.

The issue you will face with trying to gain employment is they can reopen all of your claims again and readjust them to what a proper rating should be.  Meaning if you are working then the 100% for PTSD/bipolar/OCD/ADHD would be reevaluated to see what you should be at.  The rater will go well he is working, so he does not need A&A and he is not longer at the 100% for PTSD because he can now work again.  When the VA says Total they mean Total!  You have every right to go back to work!  As these benefits are for those who can't work at that level.  

This is totally hypothetical:

Think of it like this the VA says ok this guy can't work so we are going to give his said rating because he can't work.   Then the vet goes back to work and the VA goes ok he can work again and earn an income, so they do not need this benefit anymore as they are able to self sustain.  Then they will look at ok he had 3 sick days and went home early 3 more days so he is at 70% for his PTSD.  and they will change your rating.  Then the VA would look to see if you need A&A and if you should have SMCs?  They could then argue because you are working and can now take care of yourself, you no longer need A&A.  Then the SMCs because you lost the 100% PTSD it could now lower you below 100% and no longer give you scheduler (happened to me for another condition).  

Once you return to work this could open up a new can of worms and could hurt you financially.  

 

It is the hardest thing in the work for people who are doers to just standby and let the world move forward without us helping!  I know because I had to step down from a job I loved to do a desk job as I will not be able to physically do that job again.  If I do my body will make me pay for 3-4 day after and will very counter productive.

I had to have a sit down with myself and see what I really can and can't do.  Evaluate how bad the pain is and can you handle doing it every day.  The day I realized I can't do it all was a very sad day.  Then I had to face the fact it will not get better as I have looked over my disease for the past 16 years and how bad it has gotten.  I do the work I can and I always give my time to help others with my knowledge.  I know one day I will have to give it all up and that will be another very hard day.  I know I have my Family here who will listen anytime and be here no matter what!

[GBArmy]

Anthony333777 I really think Shrek's advise is what you should do. Even if your logic is correct, there is no way the VA is going to let you work without a re-eval. Once that process starts, it probably isn't going to be favorable to you and your wife. It is risk vs. reward. Are you really willing to risk $3k a month to try going back to work? If you do try it and you just can't make it after really giving it your best shot, then what? If you're knocked down to 70% or 50%, it is really going to take a lot of time and effort to get back to 100%. This is what I would do: look for some volunteer work that will utilize your skills and knowledge but on a schedule you can work on. Good charities have plenty of opportunities for people; they just can't get the volunteers to do them. Maybe, with your background, you could work in the VA receiving patients in. And, build on that expanding into other areas. You would want to contact the manager in charge of volunteering services. There probably are other places to use your talents. And I think it wouldn't get in the way for going after A&A. Life isn't fair; it just isn't. But that doesn't mean you can make poor decisions because you don't want to make the right decision. You can still have purpose in your life, but it probably means it isn't going to be working full time at a job you like while getting TDIU. Keep us plugged in as to what you are doing.

[Buck52]

Roger that Pacmanx1 and ShrektheTank1 and GB Army..all good advice.

[pacmanx1]

The true issue here that should be considered is the maintaining of gainful employment.  OK it's one thing in getting a job and it is something totally different in keeping that job. Keep in mind that a veteran would be safe for only 11 months and after the veteran hit the 12th month he/she is considered rehabilitated.  Once a veteran is considered rehabilitated, if that veteran has an episode that cause him/her to lose their job, the veteran would have to start all over with VA. If the veteran is drawing SSA, he/she would have to start all over with the SSA also.  Just think what the veteran went through to get his/her rating and to give it up to work is absolutely no guarantee that the veteran could keep and maintain that position until retirement.  Unfortunately with any mental health disorder I think the odds would be against them.

[Buck52]

They are times when were trained for a job  but unfortunately we can't do those jobs  years later or just a few years later  due to our service connected disability's...I went to school to become a state police trooper later in the detective  division under forensic specialty's lot of class room work  I even went to summer school and got my criminal degree in criminal justice.

.....well that was all for not I could not pass the required state physical  to become a state employee. or not anything else I could do due to my S.C. Disabilitys......so my alternative was to try to get on SSDI AND VA.....And that's how it turn out for me  I could make at least twice as much as I get with 100% &SMC and my little SS Check..

.but it is what it is and if that happens to you you need to just accept it and do the best you can..

.We lived in a shoe box for a few years trying to send our children to collage  and we did it, but it was a big sacrifice..I am not complaining I think God EVERYDAY the way things work out.

  so I stopped thinking about what could have been and just live our lives out the best way we can   I get satisfaction helping other veterans in need and if I can help just one tiny bit  then I feel I have did my part.

I stopped living in a dream world and started living in the real world  and we do ok now.