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tylerb333

Second Class Petty Officers
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  1. Like
    tylerb333 got a reaction from seminoles in any advice would be appreciated   
    Boy, this topic started one helluva crap storm!  Didn't mean it to.  I did file the compensation paperwork on 5/22 and 5/30.  The VA consolidated the claims and I have two C&P's, June 20th, and June 22nd.  Any suggestions?   BTW  How do I let the VA know that my employment is sheltered?
  2. Like
    tylerb333 got a reaction from Gastone in any advice would be appreciated   
    Boy, this topic started one helluva crap storm!  Didn't mean it to.  I did file the compensation paperwork on 5/22 and 5/30.  The VA consolidated the claims and I have two C&P's, June 20th, and June 22nd.  Any suggestions?   BTW  How do I let the VA know that my employment is sheltered?
  3. Like
    tylerb333 got a reaction from seminoles in any advice would be appreciated   
    How Can a Veteran Earn an Income while Receiving VA TDIU Benefits?
    To answer this question, we need only look to the law.
    For those of you that don’t know what TDIU is, I encourage you to read this post to get a basic understanding of the 2 types of TDIU Benefits.  To those of you trying to win your VA TDIU Claim, I encourage you to consider whether a copy of the VA TDIU Field Manual, or the VA TDIU eBook Package – will help you understand and improve your VA TDIU Claims.
    38 C.F.R. §4.16(a) – the section of the Code of Federal Regulations that states the requirements for eligibility for TDIU Benefits, states the following:
    Now, as I’ve discussed before on the Veterans Law Blog, the law does not clearly define what substantiall and gainful occupation is.
    But the law DOES define what Substantially Gainful employment IS NOT.
    Read the rest of 38 C.F.R. §4.16(a):
    So there you have it – the 2 ways that Veteran can earn an income while receiving VA TDIU benefits: when the employment is “marginal” and when the employment is “sheltered”.
    We’ll look at them in more detail, below.
    You might ask “Why” a Veteran is allowed to earn an income in these 2 scenarios while receiving TDIU Benefits.
    Truth be told, I have no clue why Congress wrote the laws this way when they wrote them – someday I’ll dig into the legislative history to understand it.
    But since Congress allowed it, there is NOTHING wrong with Veterans getting Marginal or Sheltered Employment income while receiving TDIU Benefits.
    #1:  Marginal Employment & TDIU Benefits.
    This is the type of income that many Veterans are aware that they can receive even after being granted TDIU Benefits.
    Simply go to the US Bureau of Census website, and look up the “poverty threshold for one person”.  (Click here to see the historical poverty ratings tables from 1959 – 2015).
    You will see that, for 2014, the poverty threshold for one person is  $12,316 per year (if you are under 65), or $11,354 (if you are over 65).  
    Each year, the VA will ask you to verify your employment (or lack thereof) to determine whether you are eligible to continue to receive TDIU Benefits. They typically require that you use VA Form 21-4140 or 21-4140-1 to do this report.
    If you indicate in this form that your income is higher than the poverty threshold, a proposal to reduce your TDIU benefits will be forthcoming.
    It’s one of the few times that the VA acts with a sense of purpose – when they want to STOP paying you
     
    WHY ARE YOU GUYS GIVING ME BAD INFO? WTH!.
  4. Like
    tylerb333 got a reaction from Andyman73 in PTSD- due to MST   
    you're probably right.  where humans are concerned there can be self-interest.  
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