Jump to content
VA Disability Community via Hadit.com

 Ask Your VA Claims Question  

 Read Current Posts 

  Read Disability Claims Articles 
View All Forums | Chats and Other Events | Donate | Blogs | New Users |  Search  | Rules 

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

P & T Unemployability

Rate this question


Ralph1950

Question

I was awarded 70% PTSD, 10% Tinnitus, and P&T Unemployability June 2013. A couple days ago I get a VA Form 21-4140 (Employment Questionaire ) from the RO.

I did do some part time work last year which amounted to around $4000.00 total. I did this to help supplement my disability income so as to help pay the debtors . I did the work on the up and up and claimed the income on the IRS grab ("Render unto Caesar.......), so as not to get in any trouble with them.

Do I have anything to worry about? My wife says I should just quit locating and doing odd jobs. I don't want to jeopardy losing the benefit as it does help me to keep the wolves at bay.

Anxiously awaiting your advise.

Ralph

Link to comment
Share on other sites

Recommended Posts

  • 0

@Ralph1950 This is a link from - https://www.vawatchdog.org/

Which I consider a good source for information:  

 

I have a job, does that mean I cannot get TDIU?
No. In fact, TDIU (or just “IU) benefits are available under certain situations even if you are
working. However, income earned from employment must be at or below the poverty level, or
from a job that is considered to be “sheltered”. These types of employment are not considered as
substantially gainful employment (SGE), but rather “marginal employment”. Marginal
employment is considered as “earned annual income that does not exceed the poverty threshold
for one person as established by the US Department of Commerce, Bureau of the Census.” For
2016, the poverty level for which a veteran must be working under was $11,880.
A “sheltered” job could be something like a family business, sheltered workshop, or a position
created or modified to your own needs and is considered to be marginal employment, even if
that job earns an income over the current poverty amount. Sheltered employment means that
you are given special treatment due to your service connected disabilities that would not
normally be given to other employees. For example: a veteran with PTSD works for a family
friend’s business. The family friend provides the veteran with an office and duties that only
require limited interaction with other people. The veteran’s salary pays his bills, and is over the
current poverty threshold. But, because the job has been created to his individual needs (limited
interaction with other people), his job is considered to be sheltered, and therefore falls under
“marginal employment.” The VA cannot consider this job as being SGE, and must not use it
against him in determining IU status.

Edited by L
added info - watchdog website
Link to comment
Share on other sites

  • 0
5 hours ago, rikkor said:

can the VA take away IU without notification? I received a letter from DAV that they would be discontinuing my IU although my conditions have not changed since being awarded IU in 2010 I am now going to be 59 and I have not worked in 35 years.  I tried calling DAV and veterans affairs to no avail...

residuals neurological involvement right ankle20%Service Connected01/01/1981

depressive disorder

Not Service Connected

lumbar spine degenerative disc and joint disease

10%Service Connected03/17/2006

post traumatic stress disorder (PTSD)70%Service Connected06/12/2009

residuals ankle laceration of Achilles tendon30%Service Connected03/17/2006

donor skin graft site, left lower leg20%Service Connected06/12/2009

bacterial infection of the bones

Not Service Connected

passive aggressive explosive personality and adjustment disorder with anxious moodNot Service Connected

musculo-facial tension, right, paralumbar region with symptomatic right hip

@rikkor your question is in the middle of another ( Thread) question ...it may never get answered. 

Look up at the blue tab at the top - click on "create" ... 

Respectfully 

Link to comment
Share on other sites

  • 0
7 hours ago, rikkor said:

can the VA take away IU without notification? I received a letter from DAV that they would be discontinuing my IU although my conditions have not changed since being awarded IU in 2010 I am now going to be 59 and I have not worked in 35 years.  I tried calling DAV and veterans affairs to no avail...

residuals neurological involvement right ankle20%Service Connected01/01/1981

depressive disorder

Not Service Connected

lumbar spine degenerative disc and joint disease

10%Service Connected03/17/2006

post traumatic stress disorder (PTSD)70%Service Connected06/12/2009

residuals ankle laceration of Achilles tendon30%Service Connected03/17/2006

donor skin graft site, left lower leg20%Service Connected06/12/2009

bacterial infection of the bones

Not Service Connected

passive aggressive explosive personality and adjustment disorder with anxious moodNot Service Connected

musculo-facial tension, right, paralumbar region with symptomatic right hip

What exactly did the letter say, is it a proposal to reduce?  You shouldn't be getting a letter saying it is just being taken away, it should be a proposal first and a reason why.......what exactly are they saying is their reason?

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
×
×
  • Create New...

Important Information

Guidelines and Terms of Use