PSP Questions

 

Question #17 
   

If veteran receives a 100 percent total combined disability rating, is there a prohibition law that prevents him from gaining full employment?


A1:  A 100 percent "permanent and total" rating is when the VA acknowledges that the service-connected conditions have no likelihood of improvement and the veteran will remain at 100 percent permanently with no future examinations. The P&T rating provides additional benefits, such as Chapter 35 education benefits for dependents, among others. Veterans sometimes make the mistake of requesting a P&T rating simply because they want education benefits for their dependents. The one caveat that veterans need to keep in mind is that when P&T is requested, all of their service-connected disabilities will be re-evaluated. If improvement is noted during the subsequent examinations, a reduction from 100 percent can possibly be proposed. Because many veterans are service-connected for conditions that VA says have a "likelihood of improvement," most ratings are not considered permanent and are subject to future review. The only time veterans can't work a full-time position, that is considered a gainfully-employed job is if they were awarded 100 percent disability through a claim for IU. Additionally, a 100 percent rating under either IU or combined ratings may or may not be rated as permanent and total. A temporary 100 percent rating is just that: temporary due to being hospitalized or recovering from surgery on a service-connected condition. (AP) 4/2/2016
 
A2:  There is no prohibition in working if you are 100% scheduler. If you are IU, then working would not be in your best interest. (CP) 4/2/2016
 
A3:  The answers above are correct.  I would echo the advise against asking for an evaluation to be granted P&T status.  Once you open Pandora's Box, you have no control over what the VA many find.  Recently I had a vet who insisted the VA evaluation him in order to add a service connected illness.  Well, the VA did grant him the new disability at 0%.  They then found that he was better and downgraded him.  Better to be safe than sorry.  (RJ)  4/4/2016

A4:  When you are 100 percent disabled that means just that for if you are able to work they would reduce the rating and then lose DOD privledges, dental, eye coverage, etc.  If your condition is permanent unless you feel it should be temporary which some have that and were expecting permanent and complain.  I for one wish surgery would fix mine so I could enjoy things I used to for it takes me sometimes 3 times or sessions to mow a 30x10 front yard and a 50 x 30 backyard.  Just driving or riding in a vehicle puts pressure on my spine and legs so I suffer for a few days afterwards.  So keep what you have been lucky to get for it took me 34 years of fighting with the VA to get mine after my health is so far gone at least I still have some mobility with an outside doctor saying I will be crippled within 15 years at the most if I am lucky.  (JRM)  4/30/2016  
 

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Question #18 

 

While serving in the USAF, during the years 1969-1972, I was stationed at Kirtland AFB at the Air Force Weapons Lab. My job included working at the Underground Test Facility in Nevada, delivering, installing and retrieving samples from various underground tests that occurred during this timeframe. In addition, working in my laboratory, I handled many samples that had been exposed to radiation during these tests. This included hand polishing, metallographic and electron microscopy inspection of metal, semiconductor devices and composite heat shield materials which had been exposed to radiation, heat and shock resultant from these underground tests.  My question is: does this work allow any coverage under radiation exposure compensation?

 


A1:  You would have to show radiation poisoning, then have a doctor opine that your conditions were caused by this exposure while in the military. (CP) 4/2/2016
 
A2:  In this case you would have to prove by providing evidence of the connection between that exposure and a disability.  (LG)  5/21/2016 

 

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