tdiu Tdiu Award With

[Berta]

We discussed this at hadit years ago and it doesnt come up much-

any veteran who is at 70% level and has marginal employment as described within this 2007 BVA decision can be fully eligible for TDIU award:

http://www.va.gov/vetapp07/files2/0711166.txt

"Marginal employment" is employment you are paid for that does not reach annually either the poverty level rates or could be considered as substantial and gainful employment.

[Guest terrysturgis]

I am rated at 94.5% paid 100% TDIU P&T. since April 2004. I am an elected official and am paid $650.00 per month. There is no physical activity to the position. I have been in this position since 1995. I believe the decision Berta posted is the reason I was allowed the TDIU.

But, I do get reviewed yearly. I simply send in copies of my Federal Income tax forms. It's kinda like living on the edge. Terry Sturgis

[Pete53]

$ 650 falls below a threshold that VA uses for gainful employmnet but if I were you I would not take a raise.

[john999]

The thing is you never know when the VA is just going to decide you have demonstrated you can hold gainful employment if you are working at all. Then you have to rush down and get them to hold off reducing you. This is stress I don't need. You cannot be sure you will not have to go into the appeals process and be without funds for years while they lose your paperwork. I got backpay in the form of a W-2 form and I may have to explain that to the VA. I did no work at all. It was from an old class action lawsuit against my former employer, but all the money I got was taxable as back wages so I got a W-2 as if I had worked when I had not.

Part of my emotional disorder is that I worry.

[JR Reihs]

john999,

I to got the award from the class action, the VA sent me the "have you worked paper" I filled it out and sent it in but I think there will be a question at some time as to where that money came from.

I am a little paranoid about this, I can prove in a milisecond why I paid taxes for the first time in years, but the thought of even a small hassle with the VA does not set well with me, I did go to the VA before I signed off on this to ask what crap I might find myself in, and after looking at it the guy told me to never throw away the papers but the VA would most likley would never question it.

On a lighter note it will get me the 600 bucks from uncle bushie rather than the 300 if I did not show taxable income.

[john999]

JR

I am not too worried about it, but I will keep my paperwork. Last year I put my disability income in the wrong category as earned income and the VA never questioned it. It was 7800 bucks which was actually disability retirement income form the USPS. Somehow I was using Turbo Tax and it ended up in the wages line. I never heard a thing.

[callover007]

I am rated at 94.5% paid 100% TDIU P&T. since April 2004. I am an elected official and am paid $650.00 per month. There is no physical activity to the position. I have been in this position since 1995. I believe the decision Berta posted is the reason I was allowed the TDIU.

But, I do get reviewed yearly. I simply send in copies of my Federal Income tax forms. It's kinda like living on the edge. Terry Sturgis

Terry,

If you are rated at 94.5% that would round to 95% which would round up to 100%. Aren't you 100% schedular? They would not grant IU at the 100% rate.