Where is it written you can be employable with 100% VA disability. Everyone seems to have heard this or read it somewhere but no body can find the referance? Can some one tell me where it is and/or send the link to me please..Thank You, PanamaJones
Panama had a similar topic, now closed which had great points, here they are:
Posted Sun 30 December 2007 01:48 PM
I retired in 2001. But before I retired my medical records just vanashed. I noticed that they were missing whin in 2000 I asked to see my medical records (as some older Vets told me to do and get copies before I retire) and they said my records were checked out to another department and that I would need to come back in a few days and they will be checked back in and then I could review them this continoud from 2000 to 2001. I had numerous appointments with the same results my records must be checked come back in a few days and they will be back. When I had my appointments they would put my appointment information and would later be put into my records. (Yea Right). Even when the VA requested my records at my retirement they go nothing. I personnaly think this happens more than you would think. I thnik they (Military System) goes thru your recordes and purges out some of your records. Has anybody else gone through this.
I keep hearing about being 100% Disabiliy Rating and Still Employable; but no one can give me the referance (in writting) so I can read it. If someone knows where to find this (reg. Chapter Paragragh sub partect)
Below is an e-mail I received and read twice but still dont get it.What does all this mean??
Happy New Year and may 2008 bless each of you with peace and happiness!
FROM: Sandra Bailes, RN, BSN
OIF/OEF VA Case Manager
FYI, The following is an excert from todays MOAA Update concernig NDAA which the Senate and House conference committee agreed upon on Thursday 6 December 2007. It is anticipated that it will receive quick passage and immediately signed by the President. I hope that you will take the time to review this as there are several items of interest to the NG. Many of the successes that you will read below are directly related to the efforts of your professional organizations NGAGA and NGAUS.
Marshall Kennemer, Executive Director
Hill OKs Concurrent Receipt, SBP, Reserve Retired Pay Upgrades On Dec. 6, House and Senate leaders agreed to drop the last contentious item from the FY2008 Defense Authorization Act - a Senate-proposed provision that would have stiffened penalties for discrimination against homosexuals.
Yesterday's agreement clears the way for what is expected to be rapid passage and presidential signature of the Act, which includes a substantial number of improvements for virtually all segments of the military community. Key provisions include:
Guard/Reserve Retirement: Reduces the retirement age by 3 months for each cumulative 90 days spent on active duty since Oct. 7, 2001.
Increases the maximum annual drill points creditable for retirement (from 90 to 130), effective for 2007.
TRICARE Fees: Prohibits increases in TRICARE fees, including pharmacy co-pay,for FY2008.
Military Pay Raise: Authorizes a 3.5% raise in January 2008 for active duty, Guard and Reserve personnel.
Guard/Reserve GI Bill: Authorizes Selected Reserve members 10 years after separation to use GI Bill benefits earned from active duty service.
Selected Reserve members who spend at least 3 years on active duty can earn up to 80% of the active duty GI Bill benefit.
Follow-On TRICARE Eligibility: Authorizes active-duty-level TRICARE coverage for members separated or retired from the armed forces for a serious injury or illness when care is not reasonably available in the VA. Expires Dec. 31, 2012.
VA Health Care: Authorizes 5 years (versus 2) of automatic VA health care eligibility for members who serve in a combat theater.
4-Star Guard Chief: Establishes the Chief of the National Guard Bureau as a 4-star position.
Guard/Reserve TRICARE Coverage: Restores eligibility for Selected Reserve members and families whose coverage previously earned by active service since Oct 7, 2001 had expired.
Reserve Drill Expenses: Authorizes reimbursement of up to $300 in drill-related travel expenses for certain members, effective upon the
date the president signs the legislation into law.
Concurrent Receipt: Authorizes full, immediate concurrent receipt for disabled retirees with at least 20 years of service deemed
"unemployable" by the VA, with payment retroactive to Jan. 1, 2005. Payments will begin October 1, 2008. Another provision extends
eligibility for Combat-Related Special compensation to all military disability (chapter 61) retirees with less than 20 years of service who suffer from combat-or operations-caused conditions.
Survivor Benefit Plan (SBP): Authorizes a special payment of $50 per month to survivors of members entitled to retired pay (or of Guard/Reserve retirees who died before age 60) whose SBP annuities are reduced by VA survivor benefits, effective Oct. 1, 2008. That amount will increase by $10 each year for 5 years. Another provision adopted was a MOAA recommendation to direct the Defense Accounting and Finance Center to implement simplified and more sympathetic recoupment processes to assist affected survivors.
Unfortunately, the bill does not include a provision to accelerate SBP paid-up status from Oct. 1, 2008 to Oct. 1, 2007.
Wounded Warrior Care: Requires comprehensive plan for care, management and transition of wounded service members by July 1, 2008.
Requires recovery, medical and non-medical care case managers for recuperating service members and establishes maximum caseloads for each.
Wounded Warrior Family Support: Authorizes medical care, training, and job placement service for family members of recovering service members and authorizes respite care for primary caregivers of service members with a serious injury or illness. Authorizes leave (from civilian employers) for family members of injured personnel.
Wounded Warrior Separations Review: Requires review of all disability separation cases between Sept. 11, 2001 and Dec. 31, 2009 in which a rating of 20% or below was assigned. Review is to be conducted upon request of member or next of kin or under the board's own initiative.
DoD/VA Electronic Records: Implements a fully interoperable electronic DoD/VA health record and a joint interagency office to serve as a single authority for the development and administration of the system. Requires the development of a process to send electronic records necessary to support eligibility for VA benefits, including the DD Form 214, from DoD to VA.
Deployment of Single Parents and Dual Military Couples: Requires procedures to ensure parents with minor dependents have adequate plans for family care upon deployment. Authorizes request for deployment deferment in certain circumstances.
Military Family Readiness Council: Establishes council of service members, spouses, and representatives of military family organizations to make recommendations for DoD policy on military family readiness and to evaluate programs and services that prepare and support military families.
Disability Retirement: Requires by July 1, 2008 a standardized process for medical and physical disability evaluations that takes into account timely decisions, uniformity between services, and provides service members with advice and counsel. Requires DoD to include all conditions that render a member unfit for duty in determining disability ratings for military disability retirement purposes. Requires three pilot programs: use of the disability rating assigned by the VA, use of joint DoD/VA rating system, and use of a single DoD website for accessing DoD disability evaluation information.
Disability Severance Pay: Eliminates offset of disability severance pay by VA disability compensation. Increases minimum disability severance pay to 12 months of basic pay and maximum to 38 months of basic pay. Applies to separation pay for injuries incurred in combat Child Custody: Bars courts from vacating child custody agreements because of the deployment of a military member.
Honoring the Flag: Expressly authorizes veterans the option of saluting the US Flag (vs. putting the hand over the heart).
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Posts: 4 | Registered: Wed 12 December 2007This message has been edited. Last edited by: DaveBarker,
|Lead Moderator, Veterans Issues |
It does not say anywhere you can not work. Below is what it says in the regs. There may be situations where they could say you are not totally disabled because you are able to work, but my experience (and I am 100% SC) is that not working is a factor, but working may not be. When examined 5 years I go I said I still go to the office. They included that in the report and did not give me letter schedules (extra money). But it did not affect my rating. If I said "hey this does not slow me down", they may have rules differently. I was a pretty bad skin color at that time, so my objectives where in line with my rating.
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.
I have a friend who is 100% total disabled. and has been. He told me that he could not earn more then 10,000 per year. until he hits a certain anniversary, then he could earn whatever he wanted.
I just assumed that 100% meant, you could not work.
here is an interesting document
not sure it answers your question, but age does play a big part in it.
|Lead Moderator, Veterans Issues |
If you receive Non-Service Connected Pension then there is an income limit. The document you provided was about Non-SC Pensions and not SC Comp.
|"Has Been 5"|
Your question is being taken different by some. If a veteran is 100% service connected by schedule, there is no employment restriction. Schedule is the key word. The rating schedule does not say there is an employment restriction, thus there is no link to that which does not exist.
Dave is right, there is no restriction for 100% scheduler but you can't work if you 100% unemployable (the reg states that you can make up to about 900.00 a month but many vets have lost IU because they were working)
Dave and Dave.
by all means I have no idea about this except for the friend I know.
so everyone, please disregard my opinions on most of the disability subjects. I am no expert and have no training on this stuff.
dave and dave and others do know their stuff
|Lead Moderator, Veterans Issues |
From the Dave's, thanks. I have first hand knowledge. Dave Barker has training.
Ok here is the basic that I know. I don’t have the link ATM for the Actual number but they are close. I am 90% P&T and IU. I had been accepted as a University Professor BEFORE I was rated IU. I called the VA and was told that I can work but need to make less then the Poverty level for the U.S. I was told for a family of four it was 50K... this is the VA telling me this. I looked more and found a SINGLE person could make up to 10K. So I ask my VSO and she had no idea and called another VSO. He told me YES you can. It’s the LAW, BUT most VA paper pushers don’t know it and you risk losing money because all they know is work don’t work. So if you make 1 dollar (Any W-2) in a year they will stop your pay. You will fight to get it back and you will win... but why chance it... so that’s where I am. What to do. I would not work more then 10 K a year... I can teach classes from home threw Distance Education
|"Has Been 5"|
That is far above the poverty level in Ohio. Anyway the limit would be the non service connected rate. In the case of a family of four $18,461 annual.
However when a person is working, VA rating specialists still have opinions and could still feel the person can work as they are employable.
Dave; while on the phone with the VA, they gave me a link to the poverty levels that the VA uses for making their determination of how much a IU person can make per year and a family of 4 was at 50K and a little. I felt that was high and the VA guy said it was right. This was the 1-800 VA number. I will look for the link he told me to go to. The VA said that don’t use state levels because you can move, they use the national levels. I did find this from Health and Human Services which is much lower for a family of four. I gave my VSO the link that the VA gave me, I will stop by on Monday and get it from her. I am not saying any of this is right, just what I was told by the VA not a VSO.
HHS Poverty Guidelines
(1 person) (Family of Four)
2007 $10,210 ($20,650)
|"Has Been 5"|
As far as I understand it is the VA non service connected pension rates the VA uses. The amount I posted above was veteran and spouse with 2 children. I could have made an error in addition. However my last comment was real life. When a person is working, VA rating specialists still have opinions and could still feel the person can work as they are employable.
The reason I state this is numerous times, I have had vets working and scheduled at 60% to 90% and have jobs paying minimum wage and be denied IU.
I totally understand some will disagree what I say, because either their case was approved, or someone they know. I see hundreds of these a year, not just one or two.
I have a co-worker who is retired Army. He is a civilian employe and we are good friends. He is a GS-11 making about $66,000. Two years ago he became 100% service connected disability. He still works in my office and still making $66,000. I have read all of his VA papers and his income tax papers so I know he is telling the truth.
|"Has Been 5"|
Schedular 100% does not prohibit employment. That rating is based on severity of the condition according to the rating schedule. This is not to be confused with IU, which is when a condition rated less than 100% by schedule, prevents the veteran from gainful employment.
I was recently told by a VA Voc Rehab Counselor that I was not allowed to work with my 100% PTSD rating. He said that anyone with a mental disablity was not allowed to work and be 100%. I do not have the unemployablity status. He told me that only a veteran with a physical disability could work and be 100%. The reason for this is because they can work around the disability. He stated that if I worked that the VA would find out through the IRS and I would be reevaluated and reassigned a lower rating. Ten years ago when I received the 100% I was basically told by the DAV that I could never work again. About a year ago I was inquiring about something at the VA regional office and out of couriosity asked the VA employee helping me if I was allowed to work. He looked at my record in the computer and told me that yes I could work, but should be aware of the restrictions involving my diagnosis, like the inablility to work with people. In other words, if I worked with people this would affect my rating. Why the conflicting stories? Where can I find clear information on the regulations regarding this matter?
|Sr. Benefits Liaison|
Former U.S. Army, SGT (Combat Infantry)
Title 38 C.F.R. 4.130, general rating formula for mental health disorders:
Total occupational and social impairment, due to such symptoms as:
gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate
behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory
loss for names of close relatives, own occupation, or own name.................100%
Being totally socially and occupationally impaired is an unambigious holding, this is the law under which you are rated at 100% for your mental health condition,; which is why if the VA found you were gainfully employed, that they would initiate a reevaluation for improvement.This message has been edited. Last edited by: Rakkwarrior,
i am 100%sc-pt do not work there are people with aating of 100% or 100% non sc that can work and will work. i worked for about a year with a rating of 100% then the last c&p i went to they rated me the above rating.
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