Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Tdiu An Working A Job During The Process?

Rate this question


mav2u

Question

I put my TDIU claim in 3 years ago. Got divorced this past year an because of the divorce I needed to find a job to work. I finally found one in July of 2012 an was working a few hours a week to help keep from going into foreclosure on my house. I had to also triple my pain meds to work this job.

I even told my C&P examiner I worked an was in pain the whole time but it was what I had to do to keep from being homeless!! I had my C&P exam in October 2012. I'm still working this job today!

I finally got my decision for 100% TDIU the other day.

My question is will they look back at what I earned on my tax returns? I earned less than $6000 dollars last year an only $3000 this year so far. Which I have already quit my part time job that I worked at for the Government as a disabled vet.

Will they cancel my TDIU for this? I had to work an it sucked ever hour that I worked while I was in pain an eating pain pills like candy every day!!!?.

Edited by mav2u
Link to comment
Share on other sites

  • Answers 10
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

If they don't mail it to you then download it and fill it out and mail it to them. The VA is famous for hauling vets up for not submitting this form and proposing to cut off TDIU when they never even sent the form to the right address. I would at least send it "Proof of Mailing" when I send it. I send mine in every year after Christmas even if they don't send me one. They match you through SSA earnings to see if you worked or not.

John

Link to comment
Share on other sites

I am 100% tdiu. I also have a question regarding income and self employment.

I took on self employment to help pay some bills while my claim was going through processing. I sold insurance but have given up selling it now. Some policies I sold are getting renewed and the insurance company is still sending me commissions on those policies. I refer all the servicing of the client back to the insurance carrier and I don't manage any accounts. Would this still be considered self employment? It's residual income from work completed a couple years ago.

The most I earned while actively selling was about $3500/yr and I disclosed this during the claim process. This year I can expect to make less than $1000/yr in residual income from those same policies.

Thanks,

Xpertshot

Link to comment
Share on other sites

  • HadIt.com Elder

The amount you earn is a factor but not as much as how much you worked and how often you were unable to go to work or have to leave early do to health reasons. Make a note of how often a month you just could not go to work and had to leave early and highlight it even. That is what can make a big difference. Were you ever layed off or fired to do how often you had to take of work do to health. That is what you want to high light for them. Not how much you were able to make. Good luck.

US Navy Vet 1983-1989
*** Won the fight.

Fought the VA 1988 - 1996
Fought the SSA 1994 - 2002


Hadit member since 1996


Link to comment
Share on other sites

  • HadIt.com Elder

Here is a little help that we covered on the SVR show last year about working and Receiving TDIU.

http://svr-radio.com/images/04-18-2012_John_Jerrel_Berta.mp3

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use