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Just Asking A Question


Maurice
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Question

A veteran told me he put in a claim for IU and he working a temp job 2 or 3 days a week to buy food for himself. He ask if working a temp job for 2 days a week would stop his claim or should he stop working due to his health? He need income very bad to buy food.

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While I don't know the answer, the regs say I believe full time work. I am sure others will say he needs to quit work, but if you need food, then you have to work.

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A veteran told me he put in a claim for IU and he working a temp job 2 or 3 days a week to buy food for himself. He ask if working a temp job for 2 days a week would stop his claim or should he stop working due to his health? He need income very bad to buy food.

Normally you can not work and be awarded TDIU, however there may be exceptions made on a case by case basis. I do not think this veteran meets the special reqirements... as listed below.... but that is up to the va to make that determination....

§ 4.16 Total disability ratings for compensation based on unemployability of the individual.

Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination.

Edited by Teac
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Teac is correct - the most probable outcome for his claim will be a denial as soon as the rater see's the statement in the C&P exam "veteran is employed part-time, 2-3 days a week doing XXXXXXXX.

Now if the other part of the rule fits him and this work does not provide income that meets or exceeds the etc....... then it may be winnable at the BVA level. However, that is a long road to travel and the win is still not a sure thing.

Disability systems are a funny thing. One almost has to plan them out and store up the cash to carry them through the no income period or just do it and probably lose all of their stuff in the process. VA is really no different than SSDI when it comes to TDIU......the award is given based upon the fact the person is so disabled they can not work. It does not make sense some times but that is the way it is. Just think how does SS think one with a family is going to live for six months without income. I do not know what they think but 6 months of disability without income is the rule. Pass my wishes of good luck to your friend.

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If a veteran has "marginal employment", he/she can still receive TDIU.

The VA defines "marginal" at wages below the Poverty Level.

The Poverty level scale amount is at the BVA web site- I just saw it the other day there but forget where I found it-

The vet in this case was erroneously dropped from TDIU comp however the BVA found his employment had been "marginal", his salary was below the poverty level, and restored his comp.

http://www.va.gov/vetapp00/files3/0026723.txt

Make sure the veteran tells the VA that the employment is Temporary and gives the VA a statement of his wages.

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The thing is that the VA must surely know what a hardship it is to go without work for a year or 18 months while you TDIU claim is adjudicated. I think this is the way the separate the sheep from the goats. It is a brutal way to do it. If you think you are going to have to go out on TDIU start saving and getting a line of home equity because if you work you are going to at least dely your getting TDIU.If you can get private disability insurance or get it under a group policy from your job then get it.

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In my opinion if the vet is able to work -- then work and don't get TDIU,

other vets CAN't work and need the TDIU.

VA WILL SAY, if this vet can work 2-3 days a week then they can work more,

just find a less demanding job, example - telephone sales.

My opinion on working for food -- don't do it, sign up for food stamps and food banks.

There is also a Nation Wide Food Program called the "SHARE" program.

You can volunteer some hours of service in this food program and receive a weekly supply

of food for your volunteer services.

If you attend religious services, clergy can usually help with food.

jmho,

carlie

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