I don't think civilians understand VA disability. They lump it in with SSDI and Insurance disabilities. Not the same.
The VA comp is the difference between when you signed up and when you left service. They bought you at 100%. You either retire (or leave) at 100% or they pay the difference.
A total guess, but your 40% could be from limited Range of Motion, or even required bed rest.
How riding a bike or playing volleyball a investigator could determine your ROM, etc., would be a good read.
I would imagine your disability(s) are static, which means permanent (almost, I know, but I say permanent)
I wonder how many phone calls the VA gets from civilians questioning a Veteran's compensation?
I would not worry,
Or maybe I would tell her a whopper, like, your right, they cut me off. Thanks b***h. Then let her stew.
I call bs also. We used to regularly get hadit newbies trying to get information on how to game the system. They quickly learned no such information was available here; and left just as quickly.
It cannot be stressed enough that veterans be completely honest with their claims! It is perfectly legitimate to describe your average, or even your worse day, as opposed to your best day when discussing your condition; but it isn't alright to make up or grossly exaggerate your condition(s). Once awarded, everyone should read the award letter very carefully! Cross reference your awarded rating with the rating schedule in order to clearly understand exactly what you were awarded and why. The degree of occupational and social impairment is critical! We are not being compensated for our diminished quality of life. We are being compensated for our diminished capacity to gain and maintain employment at the national poverty level or above. If you are in better medical and/or mental condition than your rating, the VA will get around the discovering that information through regular medical exams and C&P exams. Until a vet has his/her rating continuously for 20 years, no rating is permanent and total. This is especially true with TDIU and total ratings for mental health. In many cases, it does not matter if you are being paid for what you are doing-the fact that you are capable of doing what you are doing matters.
History repeats itself. Several years after the end of our involvement in Vietnam, the American taxpayers became aware of the huge cost of treating and compensating damaged veterans. They didn't want to pay the bill, so they didn't. As a consequence, veterans suffered and died alone and silent. It is estimated that the cost of Iraq/Afghanistan veterans will exceed 5 trillion dollars over their lifetimes. The taxpayers will not want to pay that bill either; and they won't. So, once again, veterans will suffer and die, but hopefully not alone and with the internet-not silent. If the newer generations of vets make enough noise, maybe those taxpayers can be shamed into honoring their obligations, I wouldn't bet the farm on it.
VA does not do investigations like this for a 40% disability. Now Worker's Compensation does investigate people claiming total disability sometimes. Usually, you have to do something gross to get them to look at you like claiming you cannot walk and be jogging for fun. If a vet or SSD claimant is getting paid for working and they are, indeed, working full time then you will get heat, but this is natural. I am TDIU. If I send in employment questionnaire swearing under oath that I am not working and unable to work and I am working 40 hours a week full time and getting TDIU then I might have a problem eventually. That would be fraud, but there are many things you can do to make money that do not involve a salary and paying into SSA or getting IRS 1099's etc. for actual work. I make some small money off stocks but this is passive income.