Max Income

[Detonator]

I am currently at 50% combined and am seeking an increase. What is the maximum amount you can earn a year if you reach 100%? Can someone tell me what VA policy or code this is under. I am interested to know if "earned" income is the key or any income. I receive a non-taxable disablity retirement from a former employer. This money is reportable on my taxes but does not get counted as taxable income. Any help on this matter would be great.

Detonator

[Ricky]

Earned income does not come into play with VA disability UNLESS;

(1) you apply for and receive a 100 percent disability based upon unemployability cause this rating provides that you are not employable.

(1) Also a 100 percent based upon a mental rating will not allow you to work.

in ALL OTHER CASES you can make a million dollars a year and still draw your VA disability.

Edited September 3, 2007 by Ricky

[john999]

I wonder how many 100% schedular vets actually work full time? The VA does not award 100% rating for people who don't have serious health problems.

[Guest terrysturgis]

I am 100% P&T being paid TDIU. My schedular is 94.5%. The VA just reviewed my earned income which is the same now as it was when I was awarded TDIU. It is below poverty guidelines, about $8,700.00 per year.

My decision letter came Friday is as follows: We determined that the following service connected condition has not changed, Entitlement to individual unemployability is confirmed and continued. VA form 21-4140, Employment Questionnaire indicates that you continue to work at a wage that is considered less than substantially gainful employment. Based on the evidence of record it does not warrant a change in our previous decision.

Folks if you are TDIU they will check on you every five years as they just did me. It's sorta like living on the edge. My problem is SSD has been taking over a year and a half and no decision yet so the little extra income helps my family survive. As many on this board have suggested, it is best not to have earned income when going for TDIU but as I have proven if you are drawing earned income less than poverty guidelines it is possible to win a TDIU claim. Terry Sturgis

[vaf]

My husband is 100% schedular P & T, has been working full-time for a few years, but is now down to part-time, and will probably use up his remaining FMLA in the next couple of months, due to his service-connected condition. He's got a lengthy list of rated disabilities, plus several on top of that at 0%. Considered in the aggregate, it makes sense to rate him at 100% schedular. He went through a lot of hell while he was in the service health-wise, some of it as a result of what we would argue is medical malpractice; now he's living with the residual effects of what happened back then.

I think a lot of it depends on what they do for a living, how demanding the job is physicially and mentally, and if they have any flexibility regarding how many hours are really put in.

[Jay Johnson]

I wonder how many 100% schedular vets actually work full time? The VA does not award 100% rating for people who don't have serious health problems.

I would think a lot of amputees are 100%, yet still work in good jobs. These days, one can lose both legs and lead a fairly normal life.....you even see them competing in sporting events.

It's a completely unfair double standard imho and that isn't to take anything away from those who have lost limbs, but if they are being compensated for quality of life changes then so should those with mental issues that typically suffer far greater in that department.

[cloudcroft]

Terry,

Yes, working marginally will not harm your chances of GETTING TDIU...as I have been stating for some time now but still get flack from most vets (even the "experts") saying that you can't be working AT ALL to get TDIU...but they're just wrong. I also was a "working" vet when I applied.

Most vets, however, who DO get TDIU are then afraid to work AT ALL because the general concensus on various vet forums is that if the VA finds out -- or you tell them because you want to be forthcoming about it -- you will be reevaluated and possibly lose your 100%/TDIU status.

Your case shows (at least in YOUR particular case that is) that you can make "all that money" while applying for TDIU and as well, even after getting TDIU, you CAN work and make $725/month and still be "safe" re: keeping your 100%/TDIU status.

This is good news for TDIU vets who are afraid to work AT ALL for fear of Big Brother VA...unless once again, 100%/TDIU "mental" vets are not included/expected/allowed to work even though marginally.

-- John D.

Edited September 3, 2007 by cloudcroft