porgee

I seen this on vets law blog what you posted and also look at Hill& PONTON Many of the blogs on our website have discussed the concept of Total Disability Due to Individual Unemployability (TDIU) or IU, and the criteria for obtaining these benefits. As these blogs have hopefully made clear, there are many different ways to obtain IU benefits. One issue that frequently arises in this context is whether a veteran who is working is able to obtain IU. This may seem like an obvious “yes or no” answer. But of course when you’re dealing with most legal issues, there rarely is a clear cut “yes or no.” The best answer to this question is that it depends. If a veteran is working and also claiming IU, the VA will look at the veteran’s earnings from the work. Specifically, the VA is looking to see if the veteran is maintaining substantially gainful employment. The VA defines “gainful employment” as any earnings from work that are above the annual poverty level as determined by the Census Bureau. This means that by definition, work below the poverty threshold is not considered to be gainful employment. In fact, the VA defines work below the poverty threshold as “marginal” employment. The VA regulation further provides that even if earnings exceed the poverty threshold, if the veteran is working in a “sheltered” environment or for a family business, he or she may still be eligible for IU benefits. So, what does all of this mean on a practical level? First, it means that VA law does allow for some veterans who work to also receive TDIU benefits at the same time, depending on the circumstances. Second, it means that disabled veterans who are working should not foreclose the thought of obtaining IU benefits based on erroneous information they may have received from others that they are not eligible for IU simply because they work. In these cases, it is important for the earnings to be examined in order to assess if the veteran is above or below the poverty threshold. A veteran can produce substantive proof earnings through pay stubs, tax returns, employer letters, and/or a Social Security Earnings Record. If the earnings are above the poverty threshold, an evaluation needs to take place to determine if the veteran is working in a “sheltered” environment. For example, if a veteran is provided accommodations or leniencies by his or her employer on account of service connected disabilities, such as excessive time off, the ability to leave work at will, etc., this may be a “sheltered” work situation. However, it goes without saying that the veteran would have to have corroborating evidence to prove that the workplace is sheltered, for example, an employer letter verifying the excessive accommodations, etc. The bottom line when it comes to IU is that veterans and veterans’ advocates have to know the VA’s rules better than the VA does itself. The VA is not going to willingly concede that a working veteran may be eligible for IU. you are correct after researching the issue farther but I have seen vets cut off IUwhile doing volunteering work at VA

who affirmed his working while filing IU. I cant spell but if you work and get IU FRAUD. IU is for people who can't get 100% but you are" unemployable" you can't work for a living. VA pays you TDIU and you are working under poverty level just don't make sence .Why would I pay you at 100% if you are still working. Why would I want $12,000 a year when working when if approve for IU $36,000 a year don't add up. As Tbird posted you are playing with fire

I know but it looks like you can read just a little but its good

I will try this another way YOU CANT WORK AND GET TDIU OR IU if you don't believe me I suggest you ask someone who know like an attorney that's how I know but you do what ever is good for the claim. I say again Good luck I get paid and I just like to help .NFC'' no farther comments

OP says he makes a grand a month if he quit his job and get approve for IU that's somewhere in between $3100.00 or $1000.00 per month which one you like and no work. Its your choice. nfc

The only thing I'm saying you cant work and get IU that's all

this man have already posted the law for IU I cant understand what part of the law you or he don't understand it speaks for it self

I'M saying if this op wants to work why file IU. IU is still for vets who is not able to gain employment above poverty level .If you make 1000.00 in income try this report the income and see what happen VA IU is still in the news as I speak why push it. Good luck

if there is anywhere in cfr where the VA pays for a man working and getting IU please post

I don't understand your point you cant work and get IU THATS fraud

Why would you claim IU if you want to work? I know to get 100% right? you could get scheduler 100% and work.

doesn't matter for VA that's only for SSDI you can work but not VA

This could be a problem for IU because IU is for unemployability or you are not able to work at nothing. Here is a few sites about dogs you can also check local in your area http://www.hero-dogs.org/veterans/ http://www.patriotpaws.org/

wait until you get the decision and go from there . I hope it will be good news too you. Good luck

If he has a Lawyer let him handle it that's his job, but if it a VSO than you might need to check with somebody else.

I don't see how they want the veteran to pay for the Choice program just seems to me we will have to pay VA for health care insurance or Buck like you said cut congress pay to pay for it . But push your congressman on this issue its not right. We cant let this happen

you ever thought they had to sell their card to get medicine for their kids or to get money for rent or electric USA have the money because we print it. We can give money to everybody but our own. These are the same people who want to GUT TDIU benefits from veterans who serve

the only other thing comes to my mind if you have got a medical discharge and they awarded you severance pay for the same disability you got increase on than they will deduct that severance

I am just giving you an answer to your question VA OR DFAC THAT IS THE DIFFERENCE if you done 20 years your case would be referred to DFAC that's all I am saying YOU GOT THE LAW for DFAC the other issue is on you IF I win a "cue" claim in January it is June now and no retro I will call everyone in the WHITE HOUSE or any other help I can get from anyone but it your claim do what you have too. I f you got your break down in January & have not been paid something is wrong from what DFAC TOLD ME THEY HAVE TO RESPONSCE within 30 days to begin the process of retro payments but you check with who you think knows best. Good Luck

They shouldn't be but this is what happen to me The RO sent it to DFAC for audit when I only did 3 years and the RO mark claim close. 800# said claim close no retro. I only got and answer when I call DFAC and they than open up my retro claim. Sound like you may need to give them a call

I won a claim in April 2017 and it is being process now but I had to call DFAC to get my payment process because I am not a retiree an I should not have been sent to them for an audit and the RO had none close my claim BUT DFAC got it corrected open up a new claim & call the RO AND WITHIN A DAY it was being process 6 figures. You call them they will help you good luck. here is a link to DFAC http://www.dfas.mil/dfas/retiredmilitary/disability/payment.html and this is the phone # Defense Finance and Accounting Service (DFAS) at 1-800-321-1080, 8:00 a.m. to 5:00 p.m., EST. Combat-Related Special Compensation (CRSC) and Concurrent Retirement Disability Pay (CRDP) Combat-Related Special Compensation (CRSC) and Concurrent Retirement Disability Pay (CRDP) are programs created by Congress to allow eligible military retirees to receive monthly entitlements in addition to retired pay. CRSC is a special compensation for combat-related disabilities. It is non-taxable, and retirees must apply to their Branch of Service to receive it. CRDP is a restoration of retired pay for retirees with service-connected disabilities. It is taxed in the same manner as your retired pay, and it is normally considered taxable income. No application is required. Eligible retirees receive CRDP automatically. The purpose of these entitlements is to recover some or all of the retired pay that military retirees waive for VA disability compensation. Monthly Payments Like your retired pay, DFAS pays CRDP and CRSC monthly on the first business day of each month. You will receive your CRDP or CRSC payment in the same manner as your retired pay: If your retired pay is being direct deposited into your bank account, we will do the same for your CRDP or CRSC payment. If your retired pay is sent to you as a paper check, we will do the same for your CRDP or CRSC payment. To verify your bank account information or check your mailing address prior to receiving your first payment, you may call 800-321-1080 or login to your myPay account. Retroactive Payments DFAS and the Department of Veterans Affairs (VA) manage the CRDP/CRSC Processing program (formerly known as VA Retro) to pay eligible military retirees any retroactive CRSC, CRDP and/or VA disability compensation they are owed. A retroactive payment will include any money you may have been entitled to before you received your first monthly payment. A retiree may be due funds from DFAS, the VA or from both agencies. DFAS and the VA remain in communication with each other to successfully establish and process CRDP and CRSC accounts. DFAS will audit your account to determine whether or not you are due retroactive payment. An audit of your account requires researching pay information from both DFAS and VA. If you are due any money from DFAS, you will receive it within 30-60 days of receipt of your first CRSC or CRDP monthly payment. If DFAS finds that you are also due a retroactive payment from the VA, we will forward an audit to the VA. They are responsible for paying any money they may owe you. For more information from DFAS, call toll free at 800-321-1080. Customer service representatives are available Monday through Friday from 8 a.m. to 4:30 p.m. (ET). Questions concerning disability ratings or payments due from the VA should be directed to the VA at 800-827-1000.

It look like he has about 15 cases at the board in 2016-17. I like this search feature at BVA it tell you what type of case he has and his win or lose records. If you like too look here is a link of Robin Hood cases at the board. I always check at the BVA for attorneys when looking for one. https://www.index.va.gov/search/va/bva_search.jsp?QT=robin+hood&EW=&AT=&ET=&RPP=10&DB=2017&DB=2016

Does anyone believe this will go through with the new VA budget? Sure hope not but we need to push your congressmen's and let our voices be heard that this is not what is best for Veterans. With this "goberment "" you never know what to expect from them.

I think I would get the records from 2009-2017 and send them in asap also I would wait for the new exams it might help your case if this is what the judge needs. When was your last exams and were they in your favor?

ONE way is to find a doctor who is qualified to write the medical opinion then get him your records & money and they will write it up