ptsd Stipend only?

[MarineLCpl]

Hey all,

I might soon be facing a particular situation that I'm unsure how to handle. I am currently rated at 80% for a knee condition and PTSD. However, I am getting paid at the 100% IU rate. I went through Voc. Rehab, finished college, and now I am looking for work. A bit nervous about the whole thing, I have considered taking on a year-long volunteer position so I can slowly adjust to a normal workplace environment. This job will not be as demanding as one in my field, meaning there won't be as much pressure. I would be dedicating around 35 hours a week, roughly. I feel that if I dive head first into my field of study, things might get overwhelming pretty quick, causing a breakdown, or even worse. I want responsibilities, but I think I need to approach things carefully, or risk worsening my condition/situation. 

This volunteer position pays a stipend for living expenses, and that's it. The amount is around $12,500, I believe (before taxes). How will this affect my IU claim? This amount seems to be right on the borderline of being considered "too much" to be on IU. The federal poverty wage is a little less than 12k. So, I'm at a loss on how I should approach this. Would this position be considered substantially gainful employment? Should I report anything if I do get the job? Where do I stand?  

 

Any help would be appreciated, as per usual.

 

Semper Fi,

MarineLCpl

[Buck52]

I understand pete992!  Roger that!

[MarineLCpl]

Thanks for all the input, guys. I really do appreciate it!

The ideas proposed in this thread are not really applicable at this point in time. I do consider them interesting ideas, and will keep them in mind for future reference.

Perhaps I’m being a little too vague here..Basically, this volunteer position is likely going to happen. My concern lies with how the VA would look at my income, and employment status. The 21-4140-1 form that I will submit at the end of the year would show earnings from roughly 5 months of employment (around 5k). At the end of next year, when I fill out the form again, my earnings would be around 7k, with 6 months of employment. Now, I explained before that this is basically a test for me to see how I’ll react to the workplace environment. I’m afraid of giving up my IU rating due to the fact that I have no idea how it’s going to turn out. I just want to try it and see how I do, because you never know.

In a nutshell, my question lies with the fact of whether or not the VA would look at this and call it substantial employment. I’m hoping the technicality of my yearly earnings for both this year and next falling well below the federal poverty line works in my favor in regards to this particular debacle. 

Edited July 1, 2016 by MarineLCpl

[Guest]

Marine, you not only have to be concern about the income factor but you should also be concern with the fact that now that you have completed your Voc Rehab, VA may consider this as also you being employable. Voc Rehab is a program that helps veteran go back to work.  Make sure you look at all the scenarios and don't trust VA.

[MarineLCpl]

I was told from the beginning that my IU status might be affected by the completion of my program, but there are notes within VA forms that protect this simple fact.

According to M21-1MR, Part IV, Subpart ii, Chapter 2, Section F, ”The fact that a veteran has completed a program of rehabilitation does not mandate a termination of IU unless sustained employment is also demonstrated.”

I’m at a point where I’m unsure if my rehabilitation was successful because I haven’t been put in a situation that tests it. If they tried to rip away the rating based on completion of the program alone, I would surely fight it. Completing a college program shows that someone is able to successfully comprehend certain academic tasks, but it doesn’t prove that person could hold down a job. To me, it’s two completely different worlds. While I try to stay optimistic and think that I will be able to function normally within society, there are no guarantees. Being intelligent enough to finish college has no bearing on how a person might respond in a workplace environment, especially since the pressures in each situation are far different.  

[Buck52]

Just my opinion here

If your IU is based on a Mental Rating like PTSD for example you are not suppose to be working at all.

 but if your IU is based on Physical Disability  your allowed to work and make 12.000 a year or so.

so a veteran can work and still recieve IU.

i Could be wrong on this  but I seem to have read that in the CFR's.... I don't remember the #

Usually when a veteran is in VOC-REHAB they try to find anything the veteran can do to make gainful employment, if they can't find  anything the veteran can do because of his S/C Disability  then they usually write a letter stating that its not feasible to retrain this veteran at this time.

I never fully understood about Voc-Rehab BECAUSE YOU NEED TO BE DISABLED TO GET INTO IT IN THE FIRST PLACE, SO MY THINKING IS WHEN THEY CAN'T FIND A JOB OR ANYTHING A VETERAN CAN DO TO MAKE GAINFUL EMPLOYMENT   THEN THAT OPENS UP THE DOOR FOR IU.

[Buck52]

I don't think it matters if a veteran has a college education or any type of Degree or not, they base IU on a Service connected disability and the severity of that disability  that keeps the veteran from finding any type of gainful employment.

Rather or not a veteran can test the work force or not to see if he  Can hold down a job and is able to keep that job is Irrelevant ..if that were true then the Veteran should not have a IU Rating  with the exception of a temporary rating like surgery or anything that the veteran will recover from.

in my opinion if you work and make over a certain amount  they will propose a reduction  and usually back to 0% or Re- evaluate the veteran and rate his SC Disability according to the appropriate Ratings of the CFR'S

if the veteran is lucky that is.

jmo

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