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MsAsya

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  • HadIt.com Elder

MsAsya

You was granted the IU based on the severity of your PTSD Symptoms at 70% if this disability keeps you from any type of employment  then the rater granted you the IU .

you will be eligible for the 100% benefits including the property tax exemption and the educational benefits 

Unfortunately  not all the benefits  you can't get  like the Chapter 35 ChampVA benefits  because  you was not awarded the P&T.

AS for as I can til on your reason and bases of your grant.

Congratulation on your IU Grant.

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3 hours ago, Buck52 said:

AND IU Vets are not suppose to be working and getting the IU comp at the same time.

to be more precise.

Veterans who receive IU are paid as if they were 100% Schedular. They are however restricted by the VA to having LESS than Substantially Gainful Employment which is defined as an annual wage above the Federal Poverty Level for that particular year. This is the same restriction as SS uses for their purposes.

The VA adjudication manual at this link, https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000014564/M21-1-Part-IV-Subpart-ii-Chapter-2-Section-F-Compensation-Based-on-Individual-Unemployability-IU

Titled:
M21-1, Part IV, Subpart ii, Chapter 2, Section F - Compensation Based on Individual Unemployability (IU)

specifically this section
IV.ii.2.F.1.c.  Definition: Substantially Gainful Employment:

has the definition that is applicable to a veteran on IU.

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  • HadIt.com Elder

Some IU veterans can work under special circumstance and or work for family.

 

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  • HadIt.com Elder

I Agree with you brokensolider244th.....However

''CAN I STILL WORK IF I RECEIVE VA DISABILITY?''

It depends. Veterans who receive VA disability compensation for their conditions can work either full or part time with a few exceptions.

When Can Veterans Work While Receiving VA Disability Benefits?

Veterans can work while receiving VA disability benefits as long as they are not receiving a monthly benefit called Total Disability Based on Individual Unemployability (TDIU). Aside from this exception, veterans who are being paid compensation for their disabilities are able to work and continue receiving those benefits.

Veterans can also work throughout the application and appeals process for VA compensation. Working during the disability process will not disqualify you from receiving benefits.

When Can a Veteran Not Work While Receiving VA Disability Benefits?

TDIU is a benefit for veterans who are unable to work due to their service-connected disabilities. Veterans who receive TDIU are not able to get and keep substantially gainful employment. TDIU is granted under the assumption that a veteran cannot work in what the VA considers to be “substantially gainful employment.” Because the inability to work is a requirement for receiving TDIU, veterans who participate in substantially gainful employment will not be eligible.

However, eligibility for TDIU does depend on whether your work is considered to be marginal. Marginal employment can be part-time employment where a veteran’s annual earnings are below the federal poverty line, or work that is protected. Protected employment generally means employment in a family owned business or protected workshop. While protected employment can mean you are making above the federal poverty line, it may not be considered substantially gainful employment.

 

Source: CCK  LTD ...Attorney's for Veterans 

 

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  • Moderator

Buck- I know- I was just pointing out that when you are IU vs schedular, sometimes the burden of proving that you are following the rules to work marginally, with the risk of them continually threatening to reduce your compensation or take away IU status is more of a pain than its worth. Its one of those personal decisions we all have to make at some point. Just wanting him/her to be aware that the VA can take a predjudiced view of marginal working, plus it gives ammunition to people like ex GF's, ex spouses, whatever, to file complaints with the VA RE: so and so being 'disabled' and still working. 

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