1. The U.S. Department of Veterans Affairs (VA) has adopted the ratings schedule in 38
C.F.R. §4 as a way to determine the extent of an injured veteran's impairment of earning
capacity in civil occupations. Although the schedule is intended to help the VA evaluate
veterans' disabilities, it is also effective to prove damages for loss of earning capacity in a
civil personal injury action.
The schedule translates specific injuries into a reduction in earning capacity. Once the
medical expert provides the proper medical foundation, the economic expert can use the
schedule to project the client's future economic losses.
2. Our report, A 21st Century System for Evaluating Veterans for Disability Benefits, which was issued last July, makes a number of important recommendations regarding the VA Rating
Schedule and related matters. Our first recommendation is to broaden the purpose of the VA disability compensation program, which currently is to compensate
for average loss of earning capacity, or work disability.
this one is right from the 38 CFR:
§ 4.1 Essentials of evaluative rating.
This rating schedule is primarily a
guide in the evaluation of disability resulting
from all types of diseases and
injuries encountered as a result of or
incident to military service. The percentage
ratings represent as far as can
practicably be determined the average
impairment in earning capacity resulting
from such diseases and injuries and
their residual conditions in civil occupations.
One has to agree that people have vastly different earning capacity. Right or wrong, priviliged or not, somebody is making more $ than somebody
else over their life. So my gainful employment is not the same as the next guy or girl. So does the VA truelly take into account earning capacity?
Is an argument that an increase in disability compensation is warranted, even though the rating schedule for disability doesn't warrant it, due to loss of
earning capacity?
Has anyone tried this with any success?
Another point to ponder is what about those who further their education or qualifications as life goes on, is there consideration for their increased future
earning?
Not on that anymore. But, I am
currently active duty making X number of $, if my disability precludes me from obtaining the same salary on the out side, shouldn't the VA compensate me?
I don't know what to expect, so I'm going through every scenario in my head. Probably should have put in for anxiety also. I haven't worked a 8
hour day in at least 3 years. I'm pretty lucky that I haven't been booted before 20, but I believe it's also due to the value I add when I'm
at work and the folks I've worked for over the years. So here I step out into the real world, needing a job that pays 60K a year, but only requires me to
work 4 or 5 hours a day at varying times. I've come to the conclusion that doesn't exist...unless Voc Rehab program is that good. I don't like my
current line of work, which is fortunate because there sure isn't any types of jobs that meet the above criteria unless I was some CEO's close
relative. So my plan is reduce the stress of the job, accept I'm working for less, hope that my condition can become manageable in the next year, and I
can work where there's a sense of worth to possibly get over the psych barrier of I hate what I'm doing. I hope being an elementary school teacher
will provide that. But again, in a year when I finish cert training, will I be able to work 8 hours.....I hope. If I can't, I still have the option of
substitute teaching...at a significantly reduced rate. It'll get me out of the house, and I can do it on my own terms. Elementary teachers don't make
60K here, hence my concern for compensating me for lost earning capacity. Maybe if I explain my issues, here's a copy of a post, you'll understand my
concern:
Rookie VBNer
