tdiu Annual Salary

[babyray]

:( JamesBreckenridge, carlie and other members who have opinions on this subject: How much annual salary can you make if you are rated TDIU w/ P & T?

:( babyray

[broncovet]

We dont call it a "salary" but it depends on how many dependents you have.

It starts at $2673 per month and the charts are here:

http://www.vba.va.gov/bln/21/Rates/comp01.htm

[JamesBreckenridge]

:( JamesBreckenridge, carlie and other members who have opinions on this subject: How much annual salary can you make if you are rated TDIU w/ P & T?

:( babyray

Do you mean how much money can you make and not lose your Individual Unemployability benefits?

[babyray]

Do you mean how much money can you make and not lose your Individual Unemployability benefits?

Yes

[sharon]

[CITE: 38CFR4.16][Page 366]

TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 4_SCHEDULE FOR RATING DISABILITIES--Table of Contents Subpart A_General Policy in Rating Sec. 4.16 Total disability ratings for compensation based on unemployability of the individual.

(a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. 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.(Authority: 38 U.S.C. 501)

This is the amount that is listed for pension for a single veteran. You can not add on dependents to increase the amount.

[poolguy11550]

This topic keeps coming up, so I'll put on my VBA hat and give you a practical answer.

If your 100% via IU, it should be expected that you really cannot work. Yes, there is a difference between viable work and someone just putting around for a couple hours a week/month to remain as active as one can within their restrains. However, as we all know, the VA's stance is to suspect anyone working while drawing IU benefits.

So, if you find yourself asking for the "limit" on what one can make and still draw the Iu benefit, then I'd suggest that you also consider reducing your VA benefit so that you can work and not have to continuously ask this question.

[broncovet]

I agree with Poolguy.

I am all for "pushing the envelope" to maximize your benefits, but collecting an "annual salary" from one person while telling someone else you are totally disabled and can't work comes very close to fraud even tho I know many of us have "good days" and "bad days". An "annual salary" certainly implies that you are working full time for a year.

IMHO there is a difference between accepting pay for helping your neighbor fixing his car or cutting his grass, but if you are going to work 5 days a week for 3 months or more while drawing IU, then you are "pushing an envelope" that will "push back".

I like to do things that enable me to sleep well at night. And collecting an annual salary while collecting IU would definately be a source of worry, and I wouldnt do it. I think you could do yard sales during the summer, or even plow snow during the winter, but I would not touch a Full time job while getting IU with a ten foot pole regardless of the "annual salary" JMHO.