TDIU Income questions

[LanceJoseph]

Hello All, 

Let me start by saying that I was recently granted TDIU, I'm a young guy in my early 30's and I am currently in Voc Rehab and finishing out a bachelors program.  Working with my green team care providers I've been told that I am not yet ready to try for full employment. The issue I'm having is that while I work on myself mentally I would like to pursue a masters program to make myself more competitive and a more well-rounded applicant when the time comes that I can return to the workforce.  There are two issues I'm running into regarding my TDIU status. 

1. The program I am interested in requires 800 minimum PAID patient care hours to even apply for the program. So I would have to lose my TDIU to even try? I was told to contact my RO to possibly facilitate a sheltered part-time work program, or at the very least let my situation be known.  Any advice on this matter would be greatly appreciated.  

2. I recently inherited two properties from a family member and they are rentals, After speaking to a gentleman on VA's 1800 number I was told that rentals are counted towards gainful employment whether or not they are managed by me or not, ( I do not manage them, there were tenants already living there upon my possession of the properties).  They don't bring in much in the way of profit so are they worth keeping if they jeopardize my TDIU. 

Overall I am very blessed to receive my IU rating but I still want to get better and push myself to do more and be more than I currently am, The rating itself has allowed me to spend more time working on continuing my education but more importantly overcoming some issues that have plagued me for many years. Any advice or guidance or even constructive criticism would be greatly appreciated , Thank you and have a wonderful day 

Semper Fi

[Buck52]

That form # is the 21 -4140 Employment Questioner.

[NFLFan1980]

1 hour ago, Buck52 said:

That form # is the 21 -4140 Employment Questioner.

I read some articles saying they don't send those out anymore. My VSO also said the same. I guess we can still send it in though if we want right?

[broncovet]

A lot of times they dont send the forms, especially if you are over 65.  

Still, even if they dont send you a form and you have significant earned income that year, you better report it.  

The IRS and Va cooperate, so if you filed taxes on 800,000 last year, you better report that to VA regardles.. 

[Buck52]

Well I think this is on the debatable table...if you don't work or report and income while  your IU with the VA  I doubt they would come after you if you failed to send it in.

.I have heard from the best attorney's and Claims Agents that  you don't need to send  it in .....> only if you have worked during the prior year  then this form is basically used to report that income.

I been on TDIU P&T  for the last 17 years and older than 65..and not worked  in the last 22 years  because I am unable to work....>  the reason I have the IU  due to my military S.C. injury's.

but I still send in this form..simply because my award letter mention that if I fail to send it in  I can be sent to C&P Exam for re evaluation...but now that I am over 65 I doubt that they would  but I never underestimate the VA

And now for me with some more disease I filed on I am 100% scheduler rating they call it a final 100%degree rating   with 2 SMC.s

So the IU is moot..but VA Never said it was.

But I still send in the letter because of my original S.C. combined  disability is 90%IU  & my other  S.C. Disability's' are S.C. at 90%  

hence the SMC's

so I guess its the Veterans option...

When I do send it in I send it in on my Award Anniversary Date,  I send it direct to my R.O. with return mail receipt ...Someone at the R.O. Signs it to show they recieved it  and I do not ever hear back from them telling me its not necessary to send this form in.

So I Keep sending it in every years on my Award Date.

Until I reach the 20 year protection or I get a letter from my R.O. Telling me its no longer necessary.

you younger veterans under 55 I recommend you send it in each year until your told differently by the VA.

[LanceJoseph]

Thanks for all the input, As for the form 4140, they have officially phased that form out and only use what the IRS reports to them.  I have received 3 notices confirming this, so it is not hearsay.  One thing I have found in my research of this subject was 38 U.S. Code § 1163, Trial work periods and vocational rehabilitation for certain veterans with total disability ratings, This implies that a veteran can go back to work on a trial basis and if he/she is not able to hold that position for a consecutive 12 months then the veteran may maintain his TDIU status, This is somewhat confrontational with the idea of "gainful employment" as that has to do with the poverty level and amount of income.  Which if a job pays 30 dollars an hour(hypothetically) you are well over the poverty level not even half-way through the year. 

[Buck52]

LanceJoseph

if you don't mind  can you post a redacted copy of those notices from the VA,  highlite the parts where they say 

''the form 4140, they have officially phased that form out and only use what the IRS reports to them.

 black out your personal information  name claim # ect,,,ect,,

Thanks