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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 27145
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Can a 100 % disabled veteran for service connected disability

Resolved Question:

Can a 100 % disabled veteran for service connected disability (not to be confused with 100 % disability because of unemployability) earn an income by working part or full-time before retirement age and/or after retirement age without losing benefitts.. I am trying to compare this to Social Security. Social Security considers age 66 for me to be full retirement age. At that age I can work and earn as much money as I can and draw my full social security benefits without penality. Hopefully this clarifies my question.
Submitted: 3 years ago.
Category: Military Law
Expert:  P. Simmons replied 3 years ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Yes...there is a difference between total disability based on unemployability and 100% disability.

If a vet is rated unemployable the can loose the rating if they earn more than a nominal amount through employment.

This restriction will not apply to a straight 100% disability rating.
Customer: replied 3 years ago.

Can a veteran who is straight 100% disabled work unconditionally (part-time, full-time and for an indeterminate amount of time), and is there a limitation on how much they can earn without losing their rating? This question has no reference to veterans who are 100% disabled because of unemployability. In your answer, please don't compare me to that group as it will be confusing. I just want to know about a veteran who is straight 100% disabled because of a service connected disability.My redundancy has nothing to do with you...I sometime have problems making myself clear

Expert:  P. Simmons replied 3 years ago.
Well...that depends. I will not discusse total unemployabilty...lets just focus on straight 100% rating.

The answer depends on the reason for the rating.

Examples

1. Say a person is 100% disabled based on multiple loss of limbs in combat. The 100% disability rating is easy enough. Then say this person is able to make a good income, answering questions online (using voice recognition software to input the data). Such a case would not have any impact on the rating...the will never get their limbs back...so the rating will not decrease...so the rating is not in jeoprady of being lowered.

2. Say a person is rated 100% disabled based on combat induced adjustment disorder. Then say this person is able to make a good income, working customer service at a local high end department store. Such a case COULD have an impact on the rating...that is, if the person is rated 100% for an adjustment disorder, the criteria holds


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

So in that case, it could be the job in customerm service shows that they do not meet the criteria for 100%.



P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 27145
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and other Military Law Specialists are ready to help you
Customer: replied 3 years ago.

Very competent answer but not helpful to me. No further question.

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