tdiu 100% Disability Compensation

[SanMan]

Does anyone know the difference between 100% SC disability vs. 100% TDIU?

Can a veteran with multiple disabilities totaling 100% obtain a full time job? Can you point me to the regulations?

Thank you

[Trailrun]

Thats a Good question by San Man

[johnjjr]

100% SC is one disability or multiple disabilities rated at 100% schedular. With 100% TDIU, a vateran can be rated at less than 100%, but if found to be unemployable, paid at the 100% rate. A 100% schedular SC vet can work, if able. A 100% TDIU vet cannot work and must file a form with the VA each year as to any earnings. Work, lose TDIU TDIU = Total Disability Individual Unemployability

[Tbird]

Here is the link to 38 CFR regarding unemployability also known as TDIU, or IU http://ow.ly/8Adnm

The following is current as of 20 Jan 2012, please click on the link above for the most current version.

Pay attention to (b)

§ 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]

[carlie]

"Does anyone know the difference between 100% SC disability vs. 100% TDIU?"

My understanding is -

A veteran rated at 100 percent scheduler - can earn all the money they want, AS LONG AS,

the 100 percent is not due solely to a MH disability and FWIW - I would be real darn careful

about this even if the MH disability was evaluated at 70 percent.

A veteran compensated at the 100 percent level - due to a grant of IU - can not work and/or earn

any funds due to substantial gainful activity.

"Can a veteran with multiple disabilities totaling 100% obtain a full time job? Can you point me to the regulations?"

Someone will probably chime in with regs for you.

IMO - if you are able to work and hold employment you should not be in receipt of IU.

If you are 100 percent for several combined disabilities and not just due to a single MH disability -

earn all you can : -)

[SanMan]

Thank you for all of your input and for taking time out of your schedule.  Your information is greatly appreciated!   I will review and follow up with a future post.