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

[jbasser]

There are ways to make money without working.

If a Disabled Vet owns Rental property and let someone else manage it then it is not considered working and it is considered passive income.

IU does mean Individual unemployability and is awarded because the medical evidence a Veteran has shown that the Veteran is unable to work due to a Service connected condition.

A 100 percent schedular rating for Physical disabilities are based on the loss of earnings capacity the disability has cost a Veteran based on the Manufacturing environment. With this a Veteran can work and a lot of folks do, Even some RO employees are also 100 percent Disabled Veterans.

I do agree with a couple of folks here. If you are IU, I wouldnt do it as your disability most likely will last but Jobs come and go. Take a chance and lose the IU and then lose the Job then you are up up the creek without a paddle with a hole in the boat and a tea cup to bail it out.

My best advice for anyone is before a person acts, Know the consequences.

J

[Philip Rogers]

babyray: I apologize!!! I didn't mean to offend you. It just bugs me when claimants want to collect disability, for being unable to work, and then want to work and collect the disability, also. I think most of us would prefer to work. I know I would! It's kinda built in to us. Once again, I'm sorry!

pr

pr, all i did was ask a simple question. why is some of u all are jumping the gun? I can not work because of my sc'ed injuries, i do not desire to work that why i put in for tdiu.

babyray

Edited January 17, 2010 by Philip Rogers

[Pete53]

Fact is I think that most who have 100% dream about returning to work and than have to face reality.

[babyray]

babyray: I apologize!!! I didn't mean to offend you. It just bugs me when claimants want to collect disability, for being unable to work, and then want to work and collect the disability, also. I think most of us would prefer to work. I know I would! It's kinda built in to us. Once again, I'm sorry!

pr

pr, u didn't offend me & i accepted your candid answer. I wantedto find out because i heard about a vet, in around about way, that filed for tdiu but also is doing some work & i wanted to find out the law on it.

babyray

[carlie]

:o 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

babyray,

Perhaps this explains a bit more - the P&T part may

require more research.

I also posted this in another topic.

jmho,

carlie

http://ecfr.gpoaccess.gov/cgi/t/text/text-....11&idno=38

§ 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)

(b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

[40 FR 42535, Sept. 15, 1975, as amended at 54 FR 4281, Jan. 30, 1989; 55 FR 31580, Aug. 3, 1990; 58 FR 39664, July 26, 1993; 61 FR 52700, Oct. 8, 1996]

[babyray]

There are ways to make money without working.

If a Disabled Vet owns Rental property and let someone else manage it then it is not considered working and it is considered passive income.

IU does mean Individual unemployability and is awarded because the medical evidence a Veteran has shown that the Veteran is unable to work due to a Service connected condition.

A 100 percent schedular rating for Physical disabilities are based on the loss of earnings capacity the disability has cost a Veteran based on the Manufacturing environment. With this a Veteran can work and a lot of folks do, Even some RO employees are also 100 percent Disabled Veterans.

I do agree with a couple of folks here. If you are IU, I wouldnt do it as your disability most likely will last but Jobs come and go. Take a chance and lose the IU and then lose the Job then you are up up the creek without a paddle with a hole in the boat and a tea cup to bail it out.

My best advice for anyone is before a person acts, Know the consequences.

J

jbasser, if a vet has rental property and collect rent and report it on his irs return, is this considered earned income or investment income? Is this counted toward

your income if your are drawing tdiu disability?

babyray