"I have been getting paid as 100% un-employable but recently I applied to go from 70% to 100% rating since the problem has spead to my back and I feel worse. I always go to my appointment and take about 10 meds for this illness. I am concerned that I might get a doctor that says that I am getting better and they lower my rating and I do not get the 100% unemployability anymore. I have not worked in 2 years and I am very concerned...I take morphine 24 hours a day and a bunch of other meds for pain. Does anyone know how this works??"
I was just granted 70% and that went up from my 50%. I was talking to my mental health doc and she told me to wait 6 months or so then put in a appeal saying that I think I should get more. I went to the service office and he told me that IF I get the unemployability (was putting in the paperwork then)and they decide I am not 70% the unemployability will go away. So I am just going to agree with the outcome UNLESS I don't get the unemployability. I hope I am making sense here lol
|"Has Been 5"|
Based on your description, of your circumstances, the chances of you being reduced are slim. As your veterans service officer said, you could be reduced. However, if you "take morphine 24 hours a day and a bunch of other meds for pain," as you stated, your condition does not sound improved. It is always a risk when you are being paid 100% rate and put in for an increase.
I generlly discourage my clients from going higher, however on some issues they have my support.
I wish you the best.
I am sorry Dave I didn't make myself clear I was quoting the person above and didn't put that I was quoting except for my quotes. I said after that I went to my SO and he told me that if I appeal it and I am getting unemployability and they find that I don't deserve the 70% they will take away my unemployability. I JUST NOW figured out though that I will have been out for 10 years this Febuary. I BELIEVE that after 10 they can't reduce your normal disability. Is that true? And again sorry for the misunderstanding about the quotes.
|"Has Been 5"|
You believe correctly. It is a full 10 years of receipt of the award. Don't forget there are some loopholes as discussed previously. Normally if you have continuity of treatment, and the notes do not show improvement, you should not have a problem at least keeping what you have. Problems arise when you do not see your providers on an acceptable basis, the progress notes indicate some improvement, then the situation can be different. With the most important issue, filing for a change prior to the completion of the 10 year period. Not wise at all.
I have stated several times, some people do not wish to wait and open their case up for review and find problems. I just won a BVA case where my client would not take my advice and filed for an increase based on the Legion canteen bartender telling him his rights. He had been awarded 30% and needed more income. We reviewed the PTSD schedule and his symptoms were no more than 30% at the most. I told him not to file for an increase, as he failed to even come close to the next level 50%.
He went to another service officer and filed against my advice. The rating specialist claimed clear and unmistakenable error on the original issue and took my clients PTSD claim away from him. This happened when he applied for an increase about 7 years ago. It took the entire 7 years to get through all levels, VARO claimed he was over 1 year (they were wrong) DRO's, the BVA hearing and a favorable decision.
Yes he will get the back payments, however he lost use of the money for 7 full years. VA does not pay interest on what they owe you, even though you pay interest on what you owe them.
Note to the regs pouncers: No need to cite 38CFR regs, this is actual life experience.
Sorry to branch this topic a bit, but it's the only place I've found anyone (besides me) that is receiving SSDI but less than 100% from the VA.
I this the norm? Because the SSA views me as unable to to maintain "substantial gainful activity," is it reasonable for me to expect a rating of UI from the VA?
I am 60% total based on a 50% and a 10% and have been on SSDI for two years. I've tried unsuccessfully to find and keep work.
Any thoughts will be appreciated.
|Highly Experienced Member|
Unemployability is just that. Not employable in any gainful employment. Having no legs and being 100%, does not preclude a Veteran from working, and still receive his 100%.
However, having PTSD, taking meds, and being a wound spring, waiting to unwind, but not being rated over 70%, usually gets the 30% Unemployability.
In short, no one wants to hire a "bomb."
Do what your doctor says, and listen to your case officer. No one will steer you wrong. Good luck!
If you're 100% schedular with PTSD, working is a risk since part of your evaluation is that you can't operate in a work environment. If you can work then are you really 100% disabled??
|"Has Been 5"|
The criteria for 100% PTSD by schedule would preclude any person working. They are bizzare, threat to self and others and that is just the tip of the PTSD iceburg.
PART 4--SCHEDULE FOR RATING DISABILITIES
Subpart B--Disability Ratings
4.129 Mental disorders due to traumatic stress.
General Rating Formula for Mental 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
Good Morning / Afternoon Sir / Mam,
I recently retired in NOV 2005. I have been rated and awarded 90 percent disability. I recently applied for 100 percent unemployability I am living in the United Kingdom. Due to the cost of living is double that in the United States will the VA take this in consideration if I am awarded 100 percent unemployability and request for marginal work?
VA will look at you exactly the same as if you lived in the U.S.This message has been edited. Last edited by: 2A371,
|"Has Been 5"|
M A C
You are doing great!
DOES THIS SAME RULE APPLY FOR VA HOUSING LOANS IN UNITED KINGDOM LIKE THE VA HOUSING LOANS IN THE UNITED STATES.
RESPECTFULLY, ANTONIO VALENTINO WASHINGTON
I would assume it is all the same. It isn't like when you are in the military and they figure VHA BAQ by location.
I called the VA and was told it isn't going to take 2-4 months to see if I am going to get unemployability. They told me it would probably take 8 months or so due to the people that are comming home from Iraq. I am inpatiently wating.
Yes you are right the pay is the same regardless where you live. But I bet it is not the same if you attempt to get a VA LOAN in the UNITED KINGDOM. I bet the VA LOAN is for the UNITED STATES only so I am sure the system is not totally well rounded for all veterans.
I was rated 100% disability, but not Total disable..yet. Did I read a thread that said that the VA will request re-exams every 3-7 years?
I have a monkey wrench to throw in the mix you have all been talking about. I have a 60% disability due to being sexually assualted while on active duty. When I went to the VA Clinic for a doctor's visit, I was told that in order to get an appointment with the doctor sooner, I needed to perform oral sex on the Patient Advacate. Due to this, he was fired and I went to court to testify against him. The Federal Judge stated it was "patient abuse" and the guy was not allowed to return to work at the VA. Now I am trying to increase my benefits to 100% with the help of a VA rep. Do you have to be unemployable to receive 100%? They are asking me to fill out unemployability forms.
|Lead Moderator, Veterans Issues & Education |
My rating was upgraded to 100% temporary 5 years ago. They did a paper review a few months later (mandated because this region has a log rate of approval) and they still said temporary. They canceled or failed to schedule two reviews. Last year at 4 plus years, they did a eval when I asked about permanent. They again said temporary, I might get better.
What I discovered is that we are not spending enough time documenting the problems and two much time talking about how I overcome them when I meet with the doctor. I had a chance to talk with one of my specialists when I was at his non VA office and we discussed this.
With the wars in Iraq and Afghanistan, the VA regional offices really have not had time to tend to the older vets. They are overwhelmed with the young guys that need to be processed. And because the system requires that the VA and Military each do a separate review, it means that they are no doing follow up on other cases.
I talked with my VA Rep today and he stated they can give you 100% disability without being unemployable. However, he stated they could try to rule you incompetent. I am tired of dealing with all the bull. I wouldn't even had tried to up my disability if it weren't for the "patient abuse" I suffered at the VA. It is at the rating board now and should hopefully be done within the next month.
|VINCERE VEL MORI|
I'm at 60% disability, of which 40% is PTSD, with the remainder split between 10% Lung and 10% Bowels.
The issue is this....back in 1997 I ruptured a disc and never made a claim at the VA for it (my original C&P), although they do have a record of my back problems.
Recently I re-injured that area at L4 and L5. I have had back surgery.
I cannot work due to the pain.
The state of Texas has me rated at 13% disabled ( my VA is NOT factored in).
I've kinda hit a wall here and any advice would be greatly appreciated.
I am new to this site, and a disabled vet. I wish I knew enough to answer your question!
I myself had a question which I have been unable (even through 3 Va reps) to find an adequate response to.
I apologize for inserting my own question, as I just joined and am not sure how to start a new topic.
I am currently 100% IU for back problems. I tried working twice, but because of intermittent severe pain, could not keep working regularly. Here is my question:
If I somehow telecommute, or otherwise work from home during my own schedule (when the pain is less severe,) will my IU be recinded if I earn more than the Max annual pension rate-- I believe for me with a spouse and 2 kids, that comes out to be $18,000 dollars.
Working from home, especially doing something like an internet store seems to generate unpredictable income... My wife cannot work due to emotional/physical health issues. My current IU pay is not enough to take care of our whole family.
I want to support them, but I cannot take the risk of losing my IU pay if I happen to make 18K in one year, then 5K the next!
My VA reps have given me no advice-- I guess I could apply for a schedular rating of 100% based upon ankylizing spondilitis, neuropathy, etc.. THEN, try to work for as long as I could. I've read that if you are rated at 100% schedular, then your income limits are unrestricted.
Again, my apologies for inserting my own question-- I'm new to internet forums and how they work.
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