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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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SecurityForces03

TDIU granted, but also PERMANENT?

Question

Hi Everyone,

I am currently 90% Sc'd and was just granted TDIU. When I read the letter, this is what it says:

 

You have one or more service-connected disabilities:Yes

Your combined service-connected evaluation is: 90%

You are being paid at the 100 percent rate because you are unemployable due to your service-connected disabilities: Yes

You are considered to be totally and permanently disabled due solely to your service-connected disabilities: Yes

You are in receipt of special monthly compensation due to the type and severity of your service-connected disabilities:Yes

 

I am most interested in the section where it says I am Permanent and Total. But isn't TDIU just temporary? Can anyone shed any light? Also, I found out about the poverty level earnings. It IS BASED on you and your dependents. 

 

Thank you,

SECFO

 

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TDIU can be a Temp rating  for different reasons  mostly after a hospital stay for 21 days or longer to recover.

But in most cases 90% Combined rating is given when the S.C. disability only warrants a 90% rating  and you can't work because of this S.C. disability...

That is what TDIU is for..

  The P&T IS A GOOD THING  B/C your spouse can get  ChampVA Insurance  and you can get military ID Cards for you and your family  for shopping at the on post commissary /park passes  ect,,ect,,, IF IT SAYS ON YOUR AWARD LETTER THAT YOUR DISABILITY IS OF NATURE AND NO FUTURE EXAMS SCHEDULED   you should apply for the SMC  but I think you already have that  so your good to go.

just be careful about going back to work unless you want to or your disability improves , this working with TDIU P&T and just making the poverty level earnings of 12.400 or less is playing with fire in my opinion  & (this is a debatable subject matter with different interpretations) CHECK YOUR  CFR REGULATIONS  WITH A FINE TOOTH COMB

  I think poverty level  was change in 2016 to 11.400  anyway just make sure you understand the issues that can cause  if you ever get a Proposal to reduce the IU benefit's going back to work and getting TDIU P&T

jmo

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1 hour ago, Buck52 said:

TDIU can be a Temp rating  for different reasons  mostly after a hospital stay for 21 days or longer to recover.

But in most cases 90% Combined rating is given when the S.C. disability only warrants a 90% rating  and you can't work because of this S.C. disability...

That is what TDIU is for..

  The P&T IS A GOOD THING  B/C your spouse can get  ChampVA Insurance  and you can get military ID Cards for you and your family  for shopping at the on post commissary /park passes  ect,,ect,,, IF IT SAYS ON YOUR AWARD LETTER THAT YOUR DISABILITY IS OF NATURE AND NO FUTURE EXAMS SCHEDULED   you should apply for the SMC  but I think you already have that  so your good to go.

just be careful about going back to work unless you want to or your disability improves , this working with TDIU P&T and just making the poverty level earnings of 12.400 or less is playing with fire in my opinion  & (this is a debatable subject matter with different interpretations) CHECK YOUR  CFR REGULATIONS  WITH A FINE TOOTH COMB

  I think poverty level  was change in 2016 to 11.400  anyway just make sure you understand the issues that can cause  if you ever get a Proposal to reduce the IU benefit's going back to work and getting TDIU P&T

jmo

I confirmed with th VA that it is P&T which they stated requires NO more future exams.

Also, takes to the center manager who explained the poverty level depends on marriage status and dependents. Since I'm married with 3 children, it was closer to the 29K mark.

Also, working is frowned upon, however, having sheltered work or work that's NOT full time such as part time work, real estate, owner of a business, would be fine.

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what SMC are you talking about?

Edited by SecurityForces03

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SecurityForces03

As you posted above...not sure which SMC you have?

''You are in receipt of special monthly compensation due to the type and severity of your service-connected disabilities:Yes''

I understand the amount allowed to work and yes it matters when you have dependents added in.

 My point is you need to make sure your allowed to work  being on TDIU P&T

lOOK UP THE CFR REGS yourself &  do the research.

 Never trust anyone at the VA to tell you the truth,  simply b/c  its no problem for them if they miss- inform you. (they don't pay your Bills)

Ask them to send you a copy in writing that its ok for you to be working and getting TDIU P&T   Phone calls will not work as evidence if you do ever get a  letter of proposal to reduce.

    

 

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''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.''

 

Source: Jim Strickland (VA Watch Dog)

Edited by Buck52

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