Gainful Employment

Question:

Jim, I’m 100% Disabled because of PTSD and also P and T. Can I legally work without it affecting my compensation? Again, I'm rated 100% PTSD for a mental disorder…PTSD.

 

Jim's Reply:

Our disability ratings are as complex as any algebra challenge. There are some basics you need to understand to survive VAspeak. First up: Permanent and total doesn't mean either permanent nor total. Welcome to VAspeak.
 

Either 100% P & T rating opens the door to dependents benefits and otherwise the ratings are pretty much equal.
 

There are 3 ratings that will calculate to equal 100%. The first is the 'schedular 100%' rating where you meet the requirements that are set in the schedule.
 

Then there is the 'TDIU 100%' rating and when you're awarded that rating it's because VA agrees you are unable to work because of service connected rated conditions that don't add up to 100% on the schedule.
 

There is also a 100% recuperative temporary rating that may be assigned after in-hospital surgery or treatment of a service connected condition but we won't discuss that here.
 

If you are rated as 100% and this is a schedular 100% rating, you are allowed to pursue any gainful employment you are capable of with no income restrictions.
 

If you are rated as 100% and this is a TDIU rating, you are not allowed to work at gainful employment that would earn you more than the federal poverty wage level.
 

How do you know which rating you have? You need to head to your eBenefits account and review the award. If you see language like "your rating is 80% and you are paid at the 100% rate" then you have a TDIU rating.
 

You put particular emphasis on PTSD and that's interesting. PTSD is often not rated as P & T by the schedule. Most mental health conditions are assigned a temporary (not TDIU) 100% rating that requires future examinations because VA believes that mental health conditions generally improve with time. 
 

In any case I'm aware of enough P & T schedular ratings for PTSD that I know it does happen so is that's you and your rating, welcome to the mainstream workforce. I'm a believer that productive income earning labor is good for us all and if you're able, go for it! Good luck sir.

 

 


Source URL: https://dev.statesidelegal.org/gainful-employment-1