Recieved 100% On Re-evaluation, But Not Permanent. Now What ?

[CHARLES]

I was medically discharged from the military June 2004. The VA gave me 100 percent disability[, unemployable but not permanent.

I went back this January 2006 for a Re-Evaluation with Compensation and Pension. Just got the findings in the mail and they kept it 100% but did not make it permament, they ruled me unemployable but kept open the possibility of future evaluation because they still expect improvement.

Here are my questions..

1. When will they makle it Permament? 5 Years 10 years ?

2. Can they call me back after 5 years and reduce the 100 percent??

3. I wanted to try to work some part time hours, and try to work a little, how much money can I make or hours can I do and still be consider 100%? I heard you make make an additional amount of money and still be 100 percent?

4. The guy doing the evaluation said I should apply ofr social security.

5. Most Importantly, I have two children a wife and a third on the way, and apparently I am not eligible for Champus medical for my family because I am not 100 percent permament????? Is thier anything I can do about this or am I just screwed with medical benefitsd for the family.

I am 100 percent for Major depressive disorder, Modified Agraphobia, and general Anxiety..

Thanks guys and ladies for your help. God Bless!!!!!

Edited February 13, 2007 by CHARLES

[Pete53]

Charles your best bet is to appeal and find a Doctor who will opine that you are permanently disabled.

I think it is a bum deal not to give you full benefits.

[Guest rickb54]

I was medically discharged from the military June 2004. The VA gave me 100 percent disability[, unemployable but not permanent.

I went back this January 2006 for a Re-Evaluation with Compensation and Pension. Just got the findings in the mail and they kept it 100% but did not make it permament, they ruled me unemployable but kept open the possibility of future evaluation because they still expect improvement.

Here are my questions..

1. When will they makle it Permament? 5 Years 10 years ?

2. Can they call me back after 5 years and reduce the 100 percent??

3. I wanted to try to work some part time hours, and try to work a little, how much money can I make or hours can I do and still be consider 100%? I heard you make make an additional amount of money and still be 100 percent?

4. The guy doing the evaluation said I should apply ofr social security.

5. Most Importantly, I have two children a wife and a third on the way, and apparently I am not eligible for Champus medical for my family because I am not 100 percent permament????? Is thier anything I can do about this or am I just screwed with medical benefitsd for the family.

I am 100 percent for Major depressive disorder, Modified Agraphobia, and general Anxiety..

Thanks guys and ladies for your help. God Bless!!!!!

Charles,

It is hard to say if they will make you P/T as long as they think your condition can change it is unlikely they will not make you P/T.

From Title 38 § 4.15 Total disability ratings.

The ability to overcome the handicap of disability varies widely among individuals. The rating, however, is based primarily upon the average impairment in earning capacity, that is, upon the economic or industrial handicap which must be overcome and not from individual success in overcoming it. However, full consideration must be given to unusual physical or mental effects in individual cases, to peculiar effects of occupational activities, to defects in physical or mental endowment preventing the usual amount of success in overcoming the handicap of disability and to the effect of combinations of disability. Total disability will be considered to exist when there is present any impairment of mind or body which is sufficient to render it impossible for the average person to follow a substantially gainful occupation; Provided, That permanent total disability shall be taken to exist when the impairment is reasonably certain to continue throughout the life of the disabled person. The following will be considered to be permanent total disability: the permanent loss of the use of both hands, or of both feet, or of one hand and one foot, or of the sight of both eyes, or becoming permanently helpless or permanently bedridden. Other total disability ratings are scheduled in the various bodily systems of this schedule.

As long as you are not P/T you can be reevaluated any time and they can reduce your rating if they feel you have inproved.

But the fact is just because someone is P/T does not mean they cannot be called back for reexamination. P/T means that no future exams are scheduled because as I said above they do not expect you to get better. But the VA can reexamine anyone at any time.

Yes it is true those considered Unemployable can legally work, but it is not advised, especially in your case. If you did any work the VA could use that against you to downgrade your rating. Once someone is rated unemployable it is never wise to try to work becasue regardless rater you are P/T or not you can anyone as I said can be rerated.

§ 4.16 Total disability ratings for compensation based on unemployability of the individual.

top

(a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination.

(Authority: 38 U.S.C. 501)

You have to be rated total before your dependents can use Champus, no way around it.

I agree with Pete, see your doctor and ask him to opine if he thinks your conditon will change or not. If he says it is not going to get better ask for a written medical opinion, and request T/P status...

Best of luck

Edited February 13, 2007 by rickb54

[Ricky]

charles - Rick gave you good advise. 100 percent disability for mental problems are hard to get. Once received, it provides that you are incapable of any employment type relationships. I am sure that if you display any attemp to work with a 100 percent based upon mental status you will surely loose your rating. Bottom line is fight for the perm status and stay away from employment. I know it is hard. You are the only one that can make this decision. If you can truthfully work then go for it and accept the rating that VA gives you. You should apply for SSD ASAP.

[john999]

Charles

If you can't work full time then I would not risk my 100% by working part time. The VA checks up on you through SSA. This will not help you. Appeal the denial of the P&T and provide medical evidence that you are P&T. That is what I did and I got P&T one year after getting IU. Maybe try some volunteer work to see how you do before risking your money. You know if they reduce you there is time spent getting your rating back and that means a big reduction in pay for months if not years. Maybe Vocational Rehab to learn something so you can keep the disability rolling in while you try it out. If you have three kids you need to make serious money and that means more than 10$ an hour to replace the 100%. Keep your 100%!!!!!!

[Guest fla_viking]

Dear Charles

I got 100% and in 3 years the VA gave me PT. I herd allot of vets are put on hold for 3 years for PT. I think if you wait a few years you to will get PT.

Terry Higgins

[robert51]

I was medically discharged from the military June 2004. The VA gave me 100 percent disability[, unemployable but not permanent.

I went back this January 2006 for a Re-Evaluation with Compensation and Pension. Just got the findings in the mail and they kept it 100% but did not make it permament, they ruled me unemployable but kept open the possibility of future evaluation because they still expect improvement.

Here are my questions..

1. When will they makle it Permament? 5 Years 10 years ?

2. Can they call me back after 5 years and reduce the 100 percent??

3. I wanted to try to work some part time hours, and try to work a little, how much money can I make or hours can I do and still be consider 100%? I heard you make make an additional amount of money and still be 100 percent?

4. The guy doing the evaluation said I should apply ofr social security.

5. Most Importantly, I have two children a wife and a third on the way, and apparently I am not eligible for Champus medical for my family because I am not 100 percent permament????? Is thier anything I can do about this or am I just screwed with medical benefitsd for the family.

I am 100 percent for Major depressive disorder, Modified Agraphobia, and general Anxiety..

Thanks guys and ladies for your help. God Bless!!!!!

i would say dont let your guard down they will wait a year and then ask to see your latest doctor reports thinking you will slack off on going now that your 100% I am PT and they are still asking for another CP so never let your guard down