tdiu *important* Visited Va Claims Rep

[Cherie33]

I visited a VA Claims Rep and he told me that I should not file for TDIU if I plan to earn any money. He said if I earn any money (I am a notary and earn money doing notarial acts from time to time)that the VA will find out and cease all of my current benefits and make me pay back everything that would be paid to me.

He also said that perhaps I should file IU P & T in a few months giving me time to have had my Combined 70% rating a few months. If I am awarded IU P&T, I could earn money with no problem.

What do you guys think? He told me gainful employment to the VA means any kind of employment. (even being a notary)

Please advise...

Thanks Cherie33.

[Ricky]

He is correct on the gainful employment. I am not a TDIU knowledgeable person so maybe Berta,six, or Vike will help you. However, I do belive that a Notary would be considered gainful emplyment due to it is constant employment. Just my opinion.

[Vike17]

Cherie33,

TDIU and IU P&T are the same thing! This whole thing about being able to earn any money while receiving 100% because of Individual Unemployability is only part of the equation. In the end VA is trying to determine whether you are able to follow a substantial gainful occupation, not how much money you earn.

So, more than likely if you take a part time job as a notary, the VA will try to determine whether you are able to do this or any other similar work on a full time basis.

Anytime a veteran works while receiving IU, it will raise red flags with VA and probably in the end prompt them to schedule a C&P exam to take a look see!

Vike 17

[Guest jangrin]

If I am awarded IU P&T, I could earn money with no problem.

Thanks Cherie33.

[Guest terrysturgis]

I am 100% P&T TDIU. I am an elected official and have been for 15 years. My salary is below the federal poverty guidelines ($600.00). I have not had a regular job since April 2004. The decision is as follows: Entitlement to individual unemployability is granted because you are unable to secure or follow a substantially gainful occupation as a result of sevice-connected disabilities.

Be aware, every claim has to stand on it's own merits so because your's is not exactly the same as mine you might be taking a chance for denial with the income you earn. Some here on the board suggest not working at all but in my case my family would not have survived the wait for 100% P&T without the added income. Because it worked out OK for me it may not for you. My decision states that the perepherial neuropathy is the major factor that prevents me from gainful employment. Another thing that probably influenced my decision is my schedular rating is 94.5%.

So, in summary under certain circumstances you can have income as long as it is below federal poverty guidelines and your service-connected conditions prevent you from substantial gainful employment. As Vike 17 says it does raise a red flag but the reason for my post is to state the facts as applied to my claim. I would recommend that if you can survive without the income it should be easier to get TDIU ( Total Disability Individual Unemployability ). If not make it clear to your service officer that your income is below federal poverty guidelines. Take care. Terry Sturgis

[Tbird]

here is a link to the regulation http://frwebgate4.access.gpo.gov/cgi-bin/w...action=retrieve

unemployability is not being able to be employed, so i'm not sure what your service officer is talking about.

100% scheduler for physical disabilities i believe does allow you to be employed. however a 100% scheduler for mental disabilities is a different situation, if your mental health is impaired enough to rate a 100% scheduler rating then you will not be able to be employed, if you get better enough to be employed you are no longer impaired that severly and the rating will be adjusted does this make sense?

[Pete53]

I don't think that the earnings criteria is tied to the poverty level but the Social Security amount allowed before they take Social security away and that used to be 700 to 800 a month. It goes up a little each year but its a test that is applied to determine gainful employment.

Good luck living on he test amount.

The fact is if you are TDIU or 100% for a Mental Disability it may be best to accept the money and do some volunteer work if you feel you need to get out of the house.