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

[Jay Johnson]

That is true ONLY for physically disabled vets and many vets who frequent these forums (and others) are PTSD vets. The VA bases one's level of mental disability almost solely on their ability to hold ANY employment...heck, the 100% level even states that one must be "totally occupationally disabled". So, you need to delineate between the two when making such a claim.

Of course, this isn't to say that it's impossible to hold a job (making under $700/month) and still maintain TDIU for PTSD, but I wouldn't want to be the one who tries it, because you'll likely spend five years trying to get your TDIU back!

[cloudcroft]

Technically though, a vet with 60% or 70% mental disorder is not really 100%, i.e., a mental basket case for lack of a better term, or the VA should just make us 100% schedular and be done with it. As it is now we are rated less than 100 even though being paid at 100.

Sort of a Catch-22 for us "mentals" if you will.

And I don't know about PTSD, but I suspect that a number of "mental" vets rated lower than 100% are working even if not gainfully. And I'd say that a vet rated with Dsythymia, for example, at 60% or 70% COULD work marginally at least and lots of those vets may be doing so to supplement their otherwise TDIU-only income (which prevents these vets from living in areas of this country which have a high COL factor, such as Northern VA or anywhere near Washington DC due to outrageously high apartment rental/home costs, etc.).

I think most of don't want to risk being reduced so we do not try to work even if only marginally, even though apparently the VA regs allow it...and even though those of us not on SS and/or military retired pay (because we're Chapter 61 vets) like lots of other TDIU vets are, sure could find use for an extra $800/month (or whatever the exact amount is under the allowable threshold).

-- John D.

P.S. Where is the VA reg that excudes a 100% vet rated TDIU mental from working as opposed to a vet rated 100% physical? Or is this just logic working and not any reg? If it's just logic, then a 100% mental vet is NOT legally precluded from working if the regs do not actually prohibit it.

At the very least then, I suppose that more TDIU "mental" vets schedularly rated at less than 100% shouldn't fear working marginally...and making that $800/month.

Edited September 3, 2007 by cloudcroft

[Jay Johnson]

As I said, "it may not be impossible" given the regs regarding this issue, but I think it would be highly likely that the VA would at least attempt to reduce ANY TDIU PTSD vet who attempted to work, even if it was marginal work. Heck, I'm willing to bet the VA would try to reduce a PTSD vet if they were caught volunteering somewhere.....it would likely be overturned at the BVA, but who pays the bills for that 5 year battle?

They tried reducing my wife from 100% P&T with A&A to 50% because of a letter from a PCM (NP) that said ONLY, "the patient seems capable of handling her finances and her PTSD does not seem to affect her ability to manage money"....this was their sole reason for reducing her to 50%. The VA will jump at any and all chances to drop a PTSD vet due to the subjective nature of the dieases and the high threshold for a 70%+ rating.

It's a free country and you're welcome to try to work with TDIU PTSD, but don't come crying to me when they bust you down to 50% because of it:-) (by "you" I don't mean you personally btw)

[cloudcroft]

But if you contest any attempt at a decrease, isn't the VA then unable to reduce you -- i.e., they must keep you (rating and $$-wise) at where you are -- until the issues is taken to court (or whatever) and the issue it decided?

Reducing you on such flimsy "hearsay evidence" surely seems wrong and is probably illegal, even by VA standards.

-- John D.

[Jay Johnson]

How can anything be illegal by VA standards? Who gets charged if they take an action that defies the regs? Heck, they don't even get repremanded for it; if anything, they are probably rewarded for keeping claims down.

The RO uses the BVA to weed out people who are either A) About to die, or B) not willing to fight for 5 years. I bet the RO's around the country have saved billions that way......and who's going to stop them, themselves?

Edited September 4, 2007 by Jay Johnson

[john999]

If the VA reduces you the remedy is that you get your compensation back to the day they reduced it if you prevail. That is the only remedy. No one at the VA gets in trouble. There is no penalty. You don't get interest on the money. This is why I say not to disturb them or get them looking at you. They can do whatever they want and all you can do is appeal it. You win in the end but by then you have lost your house and are bankrupt.