ptsd Tdiu Denial- Sheltered Income From Self-Employment, "gainful"?

[Gastone]

09/2012 denial, inferred TDIU claim (08/2011) denied due to $14,400.00 income from part time, (2-3hrs per day) self-employment income. No discussion in denial decision regarding self-emplolyment income consideration or sheltered employment consideration.

. SC 90%. PTSD 70%, Sleep Appnia 50%, CAD 30%, Tinnitus 10%.

NOD filed 09/2012 DRO with hearing requested. Pending, no status as of 2/23/14. Specificaly refered to section of 38 CFR 4 relating to income from self-employment, sheltered employment and income of diabled veteran compared to non disabled individual in veterans community with comparable employment. Supplied copy of VA Vocational Rehab determination letter 10/2012, ineligable for Voc Rehab due to severity of my SC conditions.

[Berta]

That is wonderful news!

[Buck52]

Congratulations Gastone thats great Buddy!

To John 999

You mention above that the VA looks at the taxes...my question?

I am receiving TDIU P/T and have been for 13 years now ..I turn 62 a few months ago since I was denied SSDI when I filed...was denied twice...anyway I just never did refile for SSDI (stupid on my part).....and on my 62nd birthday (this year) I filed for Social Security Retirement. (Its just the mimium 937.00)...for my prior working before I had to stop working 1999 ect,,ect,,

Now they say I have to pay taxes on the Retirement because my spouse still works and makes over 3200.00 yearly.

If the VA sees I pay taxes on my Social Security Retimement.....what happens? will they think I'm working! because I'm not I can't work and not worked in 15 since 1999.

sorry for being so stupid but should I be worried?

[Gastone]

Britton: SS is not earned income, don't sweat it. As long as your earned income after deductions is below current "Gainful Employment US Census Poverty Level for 1 person, about $12.???.00," you don't have to worry.

Semper Fi

Gastone

[Buck52]

I understand, but I don't have any earned income! I just get my VA bennies is all, I did work before I had to stop working in 1999 Filed for increased with VA...and went back forth with them for a while until I won my claim TDIU..that was back in 2003.

I mean they '' the IRS'' says I have to pay taxes on my Social Security Retirement. (937 month)...because my spouse still works & makes over 32000.00.

The VA compensation is non-taxable but we file joint on our taxes..the only tax we pay is what she makes, but now I got to pay taxes on my Retirement because its consider income...I don't understand that? so I'm thinking if the VA sees I pay taxes will they think I'm working? which I'm not.

I just don't want to go through all this fighting with the VA anymore...about this? I like to went insane last time fighting for what they did give me (at my RO Hearing) ... I don't work&can't work and I'll never jeperdize what I get from the VA.

I just need peace of mind I guess.....but someone once told me ''there's no ''peace of mind'' when it comes to the VA.

Thanks in Advance!

[Gastone]

britton: SS income and the IRS are completely different than your "NON Taxable" SC Comp! More later, gotta run. Just don't sweat it as long as you don't show "Gainful Employment."

Semper Fi

Gastone

[Buck52]

Okay Gotcha Buddy!

Thanks!