tdiu Va Holding Me Employable From Marginal Job?

[BoonDoc]

I have been researching the law on extra-schedular ratings 100% TDIU for my claim that was denied.

I see that according to 38 CFR 4.16 (a), veterans awarded 100% TDIU can only earn up to the MAPR (Maximum Annual Pension Rate) which was $846 in 2005, or $10,152. and still be eligable to receive their 100% TDIU monthly VA compensation check.

The VA is (trying) to holdi me employable due to a marginal part time job.

Anyone else been held employable due to a marginal job that was below the poverty level, and MAPC level?

I am trying to find out if they can do that. I never made over $375 per month, or $4500 in any year from this piss poor job!

Boondoc

[Guest jangrin]

I have been researching the law on extra-schedular ratings 100% TDIU for my claim that was denied.

I see that according to 38 CFR 4.16 (a), veterans awarded 100% TDIU can only earn up to the MAPR (Maximum Annual Pension Rate) which was $846 in 2005, or $10,152. and still be eligable to receive their 100% TDIU monthly VA compensation check.

The VA is (trying) to holdi me employable due to a marginal part time job.

Anyone else been held employable due to a marginal job that was below the poverty level, and MAPC level?

I am trying to find out if they can do that. I never made over $375 per month, or $4500 in any year from this piss poor job!

Boondoc

BoonDoc,

I'm not sure if they (VA) are looking at the amount of money you made or if they are looking at the type of work it is,that you are able to do even if limited. Can this work be a full time job? And are you able to do it? And is this type of work available throughout most areas? There are alot of variables. TDIU doesn't mean you can't work at all I understand iit to mean you are not employable because of your condition, no one would hire you.

When you start working even a part time job it seems you may be opening up the fact that you can do a certain type of work and someone is willing to hire you, thus making yourself employable.

I'm not positive but just my take on TDIU.

I'm certainly open to correction by a more informed forum member.

Jangrin

[Guest terrysturgis]

BoonDoc, I am TDIU and I earn about $750.00 a month. I am an elected township official, have been it for over 10 years. My schedular rating is 94.6% so I think that helped me get TDIU. Others on this board have suggested not to work at all but in my case it was hard to survive on 30% VA disability pay therefore the money was needed. Now the fine folks at Social Security are using the (below poverty) wages to deny me my SSD benifits. SS says that if I can work, even though it is below poverty guidelines, I can work. This time I am letting the Attorney handle it. The battle goes on. Good Luck! Terry Sturgis

[Pete53]

The truth be known and that is any kind of employment can hurt you. Its been discussed here many times and I think the choice basically is that if you want to have 100% you better not est them. I know that some do but that is the way it is.

You can earn while trying to rehab and that does not count against you. Social Security is also very strict.

Volunteer work is best after all you are getting a pay check if you think about it.

[BoonDoc]

BoonDoc,

I'm not sure if they (VA) are looking at the amount of money you made or if they are looking at the type of work it is,that you are able to do even if limited. Can this work be a full time job? And are you able to do it? And is this type of work available throughout most areas? There are alot of variables. TDIU doesn't mean you can't work at all I understand iit to mean you are not employable because of your condition, no one would hire you.

When you start working even a part time job it seems you may be opening up the fact that you can do a certain type of work and someone is willing to hire you, thus making yourself employable.

I'm not positive but just my take on TDIU.

I'm certainly open to correction by a more informed forum member.

Jangrin

Hey Jangrin,

The job was part time working 2 hours a day waiting for the phone to ring, give out applications for low income housing.these housing complexes are not everywhere, but are spread out all over rural areas.

I had to quit, and my wife took over for me, as agreed to by my boss. My wife worked until she quit because we moved.

I have the IRS income tax returns showing both of us on 1996, and only her on their payroll for 1997.

I read the law to say that they are looking to see if the vet was able to work a job that the average person would be working. I only took this job because of my SC disability not letting me get a better one, and then couldn't work it (twice...I quit 2 times because of SCD)

The questions they denied are:

The old employer listed the folowing on the form about my employment:

1.) I quit because I moved.

2).No record of lost time due to SCD

3.) The date that I put as last working was 1995, and my old boss put 1996.

I lived in the apartment while I was in vocrehab and after I failed the rehab I thought I could do the 2 hours, but couldn't. My records of being a tenant came up missing, and it cost the company a bifg fine, and my old boss a "black eye",with the big boss, and owner. I'm not their favorit person!

I didn't see any "clear" guidline for the ratings reviewer to go by, that's on desogn I'm sure.

Boondoc

[BoonDoc]

The truth be known and that is any kind of employment can hurt you. Its been discussed here many times and I think the choice basically is that if you want to have 100% you better not est them. I know that some do but that is the way it is.

You can earn while trying to rehab and that does not count against you. Social Security is also very strict.

Volunteer work is best after all you are getting a pay check if you think about it.

I have thought about signing up for SS work therepy, or whatever you call the program, and I have no doubt that I won't be able to complete the program. I haven't been able to even pick up my children from the bus stop...that is 15 mins 5 days a wekk. I have also considered asking about VA CH31 again. I think that there may be time limits from the date that you were awarded SC, that would be a problem.

I would suggest anyone 100%, or anyone even thinking about applying for 100% to have your boss sign something as to why your quiting, and of course not work. I haven't been able to work for 10 years now, but they are denying me for 100% because of my old boss lied on the VA form about to why I quit, time off due to SCD, and the date I put as last working.

I am questioning the law that says that you can make under poverty, and still get a 100% scech every month. I f it's allowed while a vet is 100% why would they hold someone who is applying for it to a different standard; this is not income from therepy, or rehab. from what I have read...I may be wrong, and I know that the ratings office will read it the way they want too!

I met SSD requirments. I found that for me Social security wasn't this difficult, but I had a lawer.

boondoc

Edited September 17, 2006 by BoonDoc

[Vike17]

The earnings threshhols are just a guideline for VA. A veteran on IU could earn $10,000.00 a year and still retain his unemployability where as another veteran earning $1,000.00 could have thier IU taken away.

It all depends if the VA thinks you are able to maintain a gainful occupation according to your records. It looks like in your case the VA has determined that, even though you're only working a couple of hours a day, they think you could work this job on a full time basis.

Remember, Individual Unemployability is just that, Unemployable due to service-connected disabilities. I guess I'm trying to say this in a nice way, if your unemployable, then you can not work!

Vike 17