Can you get a 100% P&T PTSD rating and not have work impairment

[DSIG]

If you have dominantly social impairment from PTSD and there is enough evidence of this and this has worsened, can this alone get you to 100% P&T from 70%.  Do you also have to demonstrate work impairment?  I'm asking how the VA views 'total impairment.'  Do you have to have both social and work impairment or can social impairment suffice?  Do they look at how long you have been previously rated in making their decision?  I am waiting for a decision letter for a PTSD increase claim that closed last week.   The claim includes my private therapist's nexus letter and DBQ where he specifies language of "more likely than not to be permanent in nature".  He also provided a long list of session dates that I have had with him since 2009.  I have been in continuous therapy with him for 11 years.  My original rating was 50% in 2010 but the VA called me back for a re-evaluation on their own (not at my request) in 2012 which resulted in a rating increase to 70%. 

[ShrekTheTank]

from what I understand of PTSD to get 100% you would be unable to maintain a full time job.  Now I could be wrong, but the way it is written it sure sound like you need to be unable to keep employment.  

[El Train]

Pretty sure it would have to be sheltered employment to maintain a job.  That's my situation.  No way I could hold a job without sheltered employment.  For me, I work in a family business and have 100% PTSD/TBI.

[DSIG]

El Train, thanks, that is helpful. I've been teleworking for 10 years as a DoD contractor.   My doctor's DBQ mentions the teleworking but not the duration of it. When asked about work during the C&P exam I explained that I telework and that its from 2010 so hopefully the VA noted this and factored it in their decision. 

[broncovet]

I agree with the above.  THINK:  "Sy Robertson". (Duck Dynasty).  That guy is certified crazy.  But, his family keeps him on, to help him out.  "Protected work environment".  If you have seen that show much, you would know what I mean.  

If you read the criteria for mental health disorders, it says, (100 percent) Total occupational and social impairment.

It does not say "occupational OR social impairment" it says both.  Source: https://www.law.cornell.edu/cfr/text/38/4.130

[DSIG]

broncovet, do you think 10 years of teleworking may fit the definition? I don’t know if I could sustain a ‘go to the office job’ if I didn’t have this telework arrangement. I got lucky with the BRAC I was able to keep my office job as a  teleworker while my organization moved to another base.

[broncovet]

Im not a decision maker, so my opinion on that and $10 bucks should get you a cup of coffee in most places in town.  Or, $5 without my opinion.  

However, it seems to me the "protected work environment?" mostly applies to tdiu, as follows: I have highlighted the "protected work environment clause".    To my knowledge, this applies only to TDIU, and no such clause exists for 100 percent for mental health disorders.  

Quote

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

(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)

(b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

Getting 100 percent and being still able to work is possible, but does not happen often.  Tammy Duckworth is an example of a 100 percent Vet who works.  She did work for VA.  I think she had both her legs blown off.  

Its more difficult with "mental health" patients.  (getting 100 percent and still working).  You got your work cut out for you..It may be easier to get to 100 percent if you have other injuries that may be SC, knees, or something else.