tdiu What is work?

[wablackwell]

Hello, Just wondering what I can do and what I can not do if my TDIU claim is approved. Does property investments count as work? If I buy and fix cheap houses and then sell for a profit would this be allowed or does it count as work. Same question about buying and selling cars for a profit, is this allow. Also I have a buddy that is 100 percent P&T and he claims he not even allowed to take college classes. Is this true? Any body that has input on this topic would be great. Thanks Bill.

[flores97]

Bill, when you begin receiving tdiu you must be very careful. I'm not certain on the investments, but buying houses and fixing them up, especially if you are doing the demo/remodeling yourself would probably be a no no. That is essentially construction/remodeling. I could be wrong, I'm sure some elders will comment as well. I actually know a vet that lost his tdiu because he was cutting peoples yards on a RIDING lawnmower. I believe the idea behing tdiu is that the vet is not able to maintain substantially gainful employment(not sure of the income cap but its in the 12,000 per year ballpark, a little over 12 a year.

[flores97]

Almost forgot, if your buddy is 100% due to a mental health condition (like ptsd or depression), than absolutely, if the vet is going to school they will probably try to reduce on the grounds that for MH conditions the veteran is totally occupationally and socially impaired. Not certain if his 100% is due to combined ratings.

[wablackwell]

1 minute ago, flores97 said:

Almost forgot, if your buddy is 100% due to a mental health condition (like ptsd or depression), than absolutely, if the vet is going to school they will probably try to reduce on the grounds that for MH conditions the veteran is totally occupationally and socially impaired. Not certain if his 100% is due to combined ratings.

It is for Mental Health so I guess that's why he can not go to school. Well that what I figured, but I just wanted to see what others think on this subject. Thanks

[flores97]

No problem at all, but please bear in mind I am no expert when it comes to tdiu, so hopefully others will comment as well. I have heard some horror stories about vets trying to make extra income when on tdiu, I believe my friend that told me about the riding lawnmower activity causing him to lose his tdiu had started a side business and employed other people as well, so he probably exceeded the income cap. 

[broncovet]

"Substanitial GAinful Employment" (aka "work") is defined by VA to be earnings above the poverty level, as flores did a good job of explaining.  

"marginal employment", defined as earning less than the poverty level, should not result in TDIU benefits being terminated by VA.  

Make no mistake here, however.  TDIU stands for "unemployablity" not unemployed.  

Millions of people can become unemployed for many different reasons..layoffs, disagreement with boss, not showing up for work, etc.  

But individuals who meet VA defination of "unemployable"  have a doctor statement to the effect that your service connected conditions render it impossible for you to maintain substantial gainful employment.  

Most doctors would not render such a statement if you were working remodeling homes or in another occupation.  

And, lying to ones doctor or VA about said employement is not recommended and would ultimately result in a highly unfavorable outcome.    Please understand that I am not accusing you of lying to them.  No way.  

I am aware of an individual who "fudged" their taxes for many years by hiding self employment income,  thinking she was in hog heaven...until she retired and discovered that her under reporting of income means her social security is "0".    In the end, she would have been much better off reporting all her income, paying taxes, and then collect social security.  

In a similar way, trying to pull off a scheme with your Doc or VA is liable to backfire also.  Go honest or go home.  

[wablackwell]

See My self having a strong case for TDIU. Just trying to figure what to do with my time if I win My Case. My question has more to do with the investment part. I certainly am no carpenter and Would have to pay other people to do the work. I was just wondering my limits and certainly not try to pull the wool of the VA or my doctors eyes.