tdiu Tdiu?

[bern381]

I was reading on another site that a person can work and collect TDIU as long as they do not work twelve months in a year. I know the basis behind TDIU is that people recieving it are unable to work. Rather than believe this, I wanted to con sult the wealth of experience on this website. Thanks, Bern

p.s. here is the link - http://www.veteransparty.us/VA%20Fight%20Back.htm

[theotherguy]

This is basically correct, but I would advise proceeding with caution since you are inviting them to relook at your claim. It really boils down to a determination as to whether or not someone is capable of sustaining gainful employment. The VA's manual and regulatory provisions do in fact provide that a veteran should not have their IU entitlement reconsidered unless they have maintained gainful employment for a period lasting greater than one year.

The VA regulation is 38 CFR 3.343 Continuance of total disability ratings

c) Individual unemployability. (1) In reducing a rating of 100 percent service-connected disability based on individual unemployability, the provisions of §3.105(e) are for application but caution must be exercised in such a determination that actual employability is established by clear and convincing evidence. When in such a case the veteran is undergoing vocational rehabilitation, education or training, the rating will not be reduced by reason thereof unless there is received evidence of marked improvement or recovery in physical or mental conditions or of employment progress, income earned, and prospects of economic rehabilitation, which demonstrates affirmatively the veteran's capacity to pursue the vocation or occupation for which the training is intended to qualify him or her, or unless the physical or mental demands of the course are obviously incompatible with total disability. Neither participation in, nor the receipt of remuneration as a result of participation in, a therapeutic or rehabilitation activity under 38 U.S.C. 1718 shall be considered evidence of employability.

(Authority: 38 U.S.C. 1718(f))

(2) If a veteran with a total disability rating for compensation purposes based on individual unemployability begins to engage in a substantially gainful occuption during the period beginning after January 1, 1985, the veteran's rating may not be reduced solely on the basis of having secured and followed such substantially gainful occupation unless the veteran maintains the occupation for a period of 12 consecutive months. For purposes of this subparagraph, temporary interruptions in employment which are of short duration shall not be considered breaks in otherwise continuous employment.

(Authority: 38 U.S.C. 1163(a))

Edited June 1, 2007 by theotherguy (see edit history)

[Pete53]

Working and TDIU is not a good idea in my opinion. The VA looks at substantial employment which is the amount earned in a month not the number of months worked in a year.

[john999]

Bern381

I am getting IU and I would not even consider working even part time. You might be opening the door for a re-exam of your whole record. If you are working that is one of the few opportunites for the VA to decide you are no longer IU. Don't risk it! Your earned income is going to glow like radiation when they do the SSA crosscheck on you.

[Testvet]

IU should be self explanatory Individual Unemployable if you can waork then you are not unemployable also veterans that are SC for PTSD or other psychiartic conditions the rating itself for the 100% rate is the inability to work, most vets with PTSD have a problem working around or for others, you need to think about what doors you are opening by seeking even part time work I know a few vets that do volunteer work and find enjoyment in that me I don't even like leaving the house to go to the VA for DR appts, if you on the other hand are willing to return to the ranks of the working and are ready to forgo the TDIU compensation I wish you and anyone else who desires to do it well, some vets may rather seek a career many others it's just not in the cards, if you are going to risk your families livleyhood on a few hours or weeks of getting out of the house, you should think long and hard about it, TDIU is not like the SSD Ticket to work program to try and return to see if you can handle it, the VA just looks to see if you have earned income while drawing TDIU and if they find it, I have heard of them asking for repayment of the funds they paid while you were working and did not notify them of your return to work, some people have been forced to repay months of VA compensation.

[calnight]

I to am i.u. and would never consider working while I am i.u. I agree with john dont even think about working while on i.u. unless you whant to go back to work. If you can work. Just dont chance it and have to deal with the va win they recall you for a exam. If you want to keep busy think about volintering at your local va hospital or for the dav or vfw. but never take any kind of payement for your service.

[Philip Rogers]

Sounds like you can work, so go ahead and work. Screw the VA. jmo

pr

Edited June 2, 2007 by Philip Rogers (see edit history)