tdiu TDIU trouble

[USACID]

Imagine the following scenario:

Veteran is TDIU, 100% P & T and is in VOCREHAB. Applies for jobs but keeps getting terminated. Obtains one where he is making a substantial amount of money. 11 months into it he is terminated for too many doctor visits, and allegedly not getting along with coworkers, etc. Litigation ensures with the former company over the termination.   All along he has reported his positions to the VA VOCREHAB.  Received paperwork from VOC indicating receipt.    Fast forward a few years later, and two special agents show up and state, repeatedly, "you can work", you can work" and you made $175,000.00 in one year and never reported it to us".    This was the most amount of money the veteran had made, ever.  The paperwork to VOCREHAB shows that it was reported.

The veteran and his wife have a very small business and the wife primarily handles everything in it. About 10% of the work is performed by the veteran.  Veteran travels out of state once a month on the family business. (Farm)   Veteran takes about 400.00 per month from the business.  special agents are using this to indicate the veteran can work.

Veteran has extensive medical issues and attends doctors appointments at least two times a week. Most if not all employers will not tolerate this level of absence from an employee.

VA special agents also allege that a letter to the VA from the veterans wife is forged. Wife is unsure if it is her signature or not but states every aspect of the letter is accurate nonetheless.   She states that the veteran has had her permission to sign her name on documents previously.

 

So here are the questions from the bizarre set of circumstances:

is TDIU null and void based on the amount of money you make, if there is a clear pattern of rocky employment, even if in one circumstance the income is significant?

Is TDIU void if there is any indication of employment and/or is it an objective standard taking into account the total circumstances of the person?

Is minimally working in a family farm detrimental to TDIU?

 

PS: The complaint to the VA was submitted by the former employer to retaliate against him for filing a civil lawsuit.

 

thanks in advance for your assistance.

[Buck52]

Well a veteran on TDIU can work some not to exceed the amount allowed. but if he is P&T then he is not supposed to be working at all, but being this is his wife bossiness then he can claim he never did any work or helped in anyway.

but his SSA Records may prove him wrong  and his TDIU  P&T can be taken away and possibly they will make him pay a lot of it Back.

I'd say he has a big big problem.

jmo

..............Buck

[Gastone]

Is there presumed Mail Fraud? That signature on his wife's letter could pose a problem.

He didn't work 12 consecutive "Uninterrupted" months of SGI+ (BIG PLUS$$) employment. However, he did fail to file the required VA Employment/Income Verification letter, within the 60 days of his IU Anniversary Date, each year, until the age of 69. Just because he didn't receive the VA 2140 in the mail, didn't eliminate the requirement to file one every year.  Only his SC Medical conditions were T & P, never the IU until the 20YR mark.

He should probably have a set down, with a Criminal Lawyer. Quite often, it's what you say and do, after the fact. I'd be more concerned about a possible Criminal aspect as opposed to merely financial. He can appeal the VA Financial Determination, without employing an Attorney immediately. No Retro involved, Lawyer could cost $20K++, if protracted case that goes to trial.

If he were able to earn $100K+ for 11 months of employment and only lost his job due to Medical time away from the job.     I gotta say, my Lay opinion, this old boy ain't IU.  It appears, "The Game is Afoot," something is definitely not right.

This will be interesting to see how it plays out, hypothetical or not.

Semper Fi