Ch. 35 with 70% TDUI P&T?

[MarineLCpl]

Hello all, 

I was recently granted P&T status for my 70% PTSD SC disability. Based on my research, it appears that regardless if you’re 100% scheduler or 100% TDIU, the benefits are the same. 
 

My question revolves around Ch. 35 benefits for my children when they reach the age of 18. Mainly talking about college here. None of the kids are of that age yet, but will be in a few years. Would I qualify for Ch. 35 benefits for kids and spouse at 70% P&T? I’ve been 100% IU since 2010, but was only recently granted P&T status a few days ago. 
 

Just not entirely sure how everything works, or if my dependents/spouse are even eligible to receive these Ch. 35 benefits. 
 

Edit: Just to clarify, I don’t think TDIU was rated P&T, just the PTSD rating. Guessing that Ch.35 doesn’t take effect until you’re rated P&T for TDIU or reach 100% via schedule....bummer. 

Edited July 17, 2020 by MarineLCpl (see edit history)

[broncovet]

When you get awarded 100 percent (or tdiu) P and T, they send you a letter which usually includes "eligiblity to Ch.35 benefits is established".  

Yes, you get it effective the same date your 100 percent p and t is effective.  

State benefits can be different with tdiu or 100 percent p and t.  Each state does their own.  In my state, they are the same.  I get a waiver on most of my property taxes, but had to apply and wait a year on that.  Taxes are paid "in arrears".  This means the property tax you pay in 2020 is for the year 2019, just like the IRS.  So, if you apply for and get the waiver on Jan. 1, 2020, that will waive the taxes in 2020, not in 2019.  You will still owe 2019 taxes.  

[Buck52]

broncovet

I think they change the wait time on getting the property tax exemption.

to many veterans were in dire straits as for as paying the property tax and having to wait a year  or the beginning of the year or in some states April 1st deadline for filing the exemption. (this is what the exemption is for in the first place) to help the veteran with his monthly payments and a low cost home owners insurance policy.

I too had to wait to get my property tax exemption  but this was way back in 2002..

we purchase a home in May of that year and if we had purchase it before April 1st of that year  we would have got the exemption.but we didn't  I had to pay the taxes the rest of the year and it was hard to do that as we got a bigger more expensive home.     but we did it.

   This has all change nation wide for the veterans property tax exemption   when a veteran gets the property exemption from the VA the county tax appraisal offices are suppose to give the veteran the exemption right then  when he files for it and also files for homestead. 

if any owed taxes on the property at the time the veteran closes on the home  the county appraisal office goes after the last homeowner for these unpaid taxes.

However with all this said  its best the Veteran and his spouse visit their county appraisal office to make double sure  because in some states the county's are different?  but this is a federal exemption for disabled  100% or TDIU P&T Veterans.

[Buck52]

MARINE CPL

Quote

''My question revolves around Ch. 35 benefits for my children when they reach the age of 18. Mainly talking about college here. None of the kids are of that age yet, but will be in a few years. Would I qualify for Ch. 35 benefits for kids and spouse at 70% P&T? I’ve been 100% IU since 2010, but was only recently granted P&T status a few days ago.''

Your award takes effect immediately all you need to do is fill out the educational benefits applications  and if your children are still under the age 18 to 24  they still can go to school on these benefits (college) also your spouse can go back to school on these benefits too.

  You have  I think it is 10 years to use the educational benefits and they do ''extend these benefits if the person is still in school after the 10 years to get his/her degree. 

*Note ,you may need to apply for the educational extensions periods.

I TELL ALL VETERANS TO USE THESE EDUCATIONAL BENEFITS FOR SPOUSE AND HIS CHILDREN...This is a great Benefit for our children  both my kids used them and got their degree.

Good Luck.

[MarineLCpl]

3 hours ago, Buck52 said:

MARINE CPL

Quote

''My question revolves around Ch. 35 benefits for my children when they reach the age of 18. Mainly talking about college here. None of the kids are of that age yet, but will be in a few years. Would I qualify for Ch. 35 benefits for kids and spouse at 70% P&T? I’ve been 100% IU since 2010, but was only recently granted P&T status a few days ago.''

Your award takes effect immediately all you need to do is fill out the educational benefits applications  and if your children are still under the age 18 to 24  they still can go to school on these benefits (college) also your spouse can go back to school on these benefits too.

  You have  I think it is 10 years to use the educational benefits and they do ''extend these benefits if the person is still in school after the 10 years to get his/her degree. 

*Note ,you may need to apply for the educational extensions periods.

I TELL ALL VETERANS TO USE THESE EDUCATIONAL BENEFITS FOR SPOUSE AND HIS CHILDREN...This is a great Benefit for our children  both my kids used them and got their degree.

Good Luck.

I was pretty confused about the whole thing, thinking that P&T had to be connected to TDIU. But is there even such a thing? Even if 20 years goes by and someone resumed SGE, wouldn’t they be risking their IU eligibility? 
 

The confusion mainly is that I’m only 70% P&T, but receiving TDIU along with that...I was under the impression you needed to be 100% P&T to receive these benefits, like Ch. 35

Edited July 17, 2020 by MarineLCpl (see edit history)

[Buck52]

NO  NOT ANY DIFFERENCE, IF YOU ARE 70% COMBINED OR JUST A STRAIGHT 70%  IF THEY AWARDED YOU THE IU  AND YOU RECEIVED THE P&T AT A LATER DATE  AS SOON AS YOU GOT  THE P&T IT GOES INTO EFFECT IMMEDIATELY. 

TDIU WITH P&T OR THE 100% SCHEDULER  THEY BOTH HAVE THESE SAME BENEFITS.

***BUT YES YOU NEED TO BE P&T TO RECEIVE THE ADDITION EDUCATIONAL BENEFITS

[MarineLCpl]

3 hours ago, Buck52 said:

NO  NOT ANY DIFFERENCE, IF YOU ARE 70% COMBINED OR JUST A STRAIGHT 70%  IF THEY AWARDED YOU THE IU  AND YOU RECEIVED THE P&T AT A LATER DATE  AS SOON AS YOU GOT  THE P&T IT GOES INTO EFFECT IMMEDIATELY. 

TDIU WITH P&T OR THE 100% SCHEDULER  THEY BOTH HAVE THESE SAME BENEFITS.

***BUT YES YOU NEED TO BE P&T TO RECEIVE THE ADDITION EDUCATIONAL BENEFITS

That’s great news! I seen that spouses have 10 years to use Ch. 35, but it doesn’t say how long dependents have. My youngest is only 4, so it will be 14-15 years before he’s off to college...hoping it’s not too late to use Ch. 35 when the time comes. 

[Buck52]

MarineLCpl

correction about the date  award for P&T  veterans need to wait 3 years before applying for these dependent benefits  (sorry) but if your child is young 4 years  then this helps  but I read further and the child can be up to 26 years of age to use these educational benefits.

Children Benefits.

This also applies to the 100% P&T disabled veterans Denpendents.

* TOE = Transfer of Eligibility.*

• May start to use the benefit only after you’ve finished at least 10 years of service
• May use the benefit while you’re on active duty or after you’ve separated from service
• May not use the benefit until they’ve gotten a high school diploma (or equivalency certificate), or have reached 18 years of age
• Qualify for the monthly housing allowance even when you’re on active duty
• Don’t have to use the benefit within 15 years after your separation from active duty, but can’t use the benefit after they’ve turned 26 years old.

Your dependents may still qualify even if a child marries or you and your spouse divorce. However, service members and Veterans can revoke (cancel) or change a TOE at any time. If you want to totally revoke transferred benefits for a dependent and you’re still in the service, please turn in another transfer request for the dependent through mil-connect. If a dependent’s transfer eligibility (ability to get a TOE) has been totally revoked, you can’t transfer benefits again to that dependent.

''If we rated the Veteran as permanently and totally disabled, with an effective date that’s 3 years after discharge, you’ll qualify for benefits for 20 years from that effective date. This new policy began on October 10, 2008. We won’t pay benefits for training you started before this date''

source : Dept of Veterans Affairs.

[Buck52]

MarineLCpl

They gave you the P&T  WHICH MEANS THAT YOUR DISABILITY IS PERMANENT. which means that your service connected disability's/or disability will not show or Expected to  show improvement within your life time, so you should be P&T the rest of your life.

I've never heard of them giving a Temporary  P&T?? BUT  THEY DO GIVE A TEMPORARY RATING FOR 100% FROM BEING HOSPITALIZED.

[MarineLCpl]

On 7/17/2020 at 7:00 PM, Buck52 said:

MarineLCpl

They gave you the P&T  WHICH MEANS THAT YOUR DISABILITY IS PERMANENT. which means that your service connected disability's/or disability will not show or Expected to  show improvement within your life time, so you should be P&T the rest of your life.

I've never heard of them giving a Temporary  P&T?? BUT  THEY DO GIVE A TEMPORARY RATING FOR 100% FROM BEING HOSPITALIZED.

The only thing that I can think of...

Let’s say 5 years down the road, I decide to attempt some self-employment of some sort. For the sake of argument, let’s say I make 6k that year from self-employment activity. The VA, technically, could call for a re-evaluation, even if the earned income doesn’t exceed the poverty line. BUT, what if they say, well, the exam shows slight improvement at times...maybe your condition isn’t permanent and total if you’re still making incremental advances.

Now, I don’t think they’d have grounds to reduce based on periodical improvement, but I suppose they could decide that maybe my conditions aren’t P&T. 
 

I haven’t done much research on this sort of probability, I’m just brainstorming here....but if they took away the P&T status, being my disability is only rated at 70%(regardless of IU), that would automatically void the Ch. 35 benefits. 

Edited July 19, 2020 by MarineLCpl (see edit history)

[Buck52]

your 70% plus IU means that your disability is so bad it keeps you from working or doing the job you were trained to do but with the rating system the VA has  your disability don't make the schedule 100%  so this is where the IU comes in  they give that to the veteran because of his service connected disability and can;t do the job he was trained to do or any other job such as sedentary (desk jobs)And he never qualified for the 100%scheduler.

ok now that your rated the 70%TDIU with P&T   that is your rating TDIU /P&T

TDIU rating can be taken away, but only if the VA determines that the veteran is able to maintain sustained gainful employment. ... With the new process the VA uses a data wage match with the Social Security Administration to identify Veterans in receipt of TDIU who have also been working and paying into social security.Aug 16, 201

, This means that your servery disabled and you more than likely can't work due to your disability. but they have special circumstance like sheltered employment that maybe a family business or an employer helps accommodate your disability's so you can work but  a veteran must not make more than the SGE REQUIREMENT of 14,599,00 A YEAR (not sure the exact amount?) THIS TYPE OF VETERAN IS NORMALLY A YOUNGER AGE AND EXPECTS HIS SERVICE CONNECTED CONDITION/DIVISIBILITY TO GET BETTER  SO ITS BASICALLY  TEMPORARY,

bottom line  a veteran that is 100%  P&T CAN;T work  OR NOT SUPPOSED TO BE WORKING) A veteran who is rated a scheduler 100% rating can work.

A veteran who is TDIU P&T CAN'T Work, if you start back to work and they check your SS Records showing you paid in SS Tax and made a large income...that usually prompts a re evaluation of your service connected disability. and if they do show you have shown improvement by going back to work and after examining you and the examiner says you have improved  this is normally a reduction in benefits.

it use to be a TDIU P&T VETERAN OR EVEN WITHOUT P&T IS SUPPOSE TO FILE A 21 -414O UNEMPLOYMENT QUESTIONER  FORM TO SHOW THAT YOUR NOT WORKING EVERY YEAR ,USUALLY ON THE VETERANS AWARD DATE IS WHEN TO SEND IT IN BUT THEIRS NO SET DATE TO SEND IT IN AS LONG AS YOU SEND ONE IN EVERY YEAR.

Now some will agure the fact that if your TDIU P&T you can work but like I mention above  only under special circumstances that the VA knows about.

if your on TDIU P&T i would suggest you think long and hard about going back to work...if you don't want to lose your TDIU P&T.

SURE THE VA HAS GUIDELINES TO GO BY,, BUT YOU BETTER BELIEVE THEY WILL AND CAN RE EVALUATE YOU AND REDUSE YOUR BENEFITS.IF YOU CHOOSE TO GO BACK TO WORK.

And this will be a dog fight for you to recoup your benefits.

Now normally VA will leave a TDIU P&T VETERAN ALONE....BUT GOING BACK TO WORK IS A WHOLE NEW BALLGAME.

They gave you the IU FOR A REASON AND THE P&T   its up to you if you want to keep it or not

I tell all veterans that are TDIU P&T do not go back to work. period.

Edited July 19, 2020 by Buck52 (see edit history)

[pacmanx1]

Now that all that has been said, a veteran must consider the human factor in returning to work after being granted TDIU. The human factor is veterans like to try to help other veterans in sharing our fight with VA. In any type of work environment, a TDIU veteran must inform his/her employer about their disabilities. This could go very wrong for veterans. It doesn't matter if the work environment is family or not. The duties in the position may be in contradiction with the veteran's claimed disabilities. To make it even more plain, people are messy and if they find out that you are being paid for disabilities and in a position that is mentally or physically challenge, they can report you to VA as fraud.  No I am not saying this will happen but people are very jealous and vengeful.

[MarineLCpl]

8 hours ago, pacmanx1 said:

Now that all that has been said, a veteran must consider the human factor in returning to work after being granted TDIU. The human factor is veterans like to try to help other veterans in sharing our fight with VA. In any type of work environment, a TDIU veteran must inform his/her employer about their disabilities. This could go very wrong for veterans. It doesn't matter if the work environment is family or not. The duties in the position may be in contradiction with the veteran's claimed disabilities. To make it even more plain, people are messy and if they find out that you are being paid for disabilities and in a position that is mentally or physically challenge, they can report you to VA as fraud.  No I am not saying this will happen but people are very jealous and vengeful.

I do understand that concept. There would be no way I could hide my symptoms at an outside job and no doubt, would tell them straight away. The work I’m talking about would be self-employment using the computer at home. I enjoy music as a hobby and sometimes get paid for the work I do. This income is reported to the IRS every year under hobby income. My yearly expenses usually equal around about what I take in, so it’s not like I’m profiting a whole lot. My thinking was expanding this hobby into a mini business someday, taking on more work and maybe bringing in 6-8k or something per year. Just enough to put into an IRA or investments of some sort. I can’t say for certain I’d be able to pull this sort of thing off, but it’s a thought. Plus, wouldn’t that be considered a protected work environment? I set my own hours, take days off when my disabilities are acting up, able to take breaks at my own accord, etc? I feel like they evaluate this sorta thing on a case by case basis...but to me, what I’m talking about is a far cry from a normal job amongst the public. 

Edited July 19, 2020 by MarineLCpl (see edit history)

[MarineLCpl]

11 hours ago, Buck52 said:

Now some will agure the fact that if your TDIU P&T you can work but like I mention above  only under special circumstances that the VA knows about.

if your on TDIU P&T i would suggest you think long and hard about going back to work...if you don't want to lose your TDIU P&T.

SURE THE VA HAS GUIDELINES TO GO BY,, BUT YOU BETTER BELIEVE THEY WILL AND CAN RE EVALUATE YOU AND REDUSE YOUR BENEFITS.IF YOU CHOOSE TO GO BACK TO WORK.

And this will be a dog fight for you to recoup your benefits.

Now normally VA will leave a TDIU P&T VETERAN ALONE....BUT GOING BACK TO WORK IS A WHOLE NEW BALLGAME.

They gave you the IU FOR A REASON AND THE P&T   its up to you if you want to keep it or not

I tell all veterans that are TDIU P&T do not go back to work. period.

Buck, this is why vets remain living in fear though. Most of the time, it isn’t even about the income, it’s about feeling useful...having a purpose...contributing to something, etc. The VA has made it quite clear that marginal employment(income less than fed. poverty line) shall NOT be considered gainful employment. Shouldn’t we feel safe operating within the bounds of what we’re being afforded? Telling vets they shouldn’t work PERIOD while receiving IU seems like a scare tactic often used by the VA, VSO’s, etc. 

In my case, self-employment via home office computer could even be considered a protected work environment since I would make my own hours, take breaks when needed, take days off if needed, etc. It’s my understanding that they look at these things on a case-by-case basis. I, without a doubt, believe if you were to explain the above situation to a judge, he would concur that this cannot be considered gainful employment, especially if your income stays below the fed. poverty threshold. It’s far different than being FORCED to show up every day, at an appointed hour, to do a specific job. Sorry, but I just don’t agree that a TDIU vet should be afraid to work within the bounds of which his/her SC conditions allow. More often than not, they aren’t able to make a livable wage, which is why they’re TDIU in the first place. But the VA trying to challenge them over 5-6k made over the course of a year? Silly.

Edited July 19, 2020 by MarineLCpl (see edit history)

[Buck52]

Well its up to you if you go back to work any type of work it don't matter,  if they find out your working and getting the TDIU P&T  that will cause you a lot of trouble if they send you a proposal to reduce your benefits or a  a contemporaneous notice of reductionbecause your disability is not as bad as you claim and will prompt a re evaluation (C&P Exam)  you can only work while getting TDIU under special circumstances   rather or not the job is  a protected work environment or not  it has to be approved by the VA.

NOW WITH THAT SAID  READ THIS

If a veteran is working, but their income does not exceed the federal poverty threshold for one person, they can still be considered for TDIU. ... Therefore, you may be able to continue working while receiving VA disability compensation at the 100 percent level. BUT YOU NEED TO LET THE VA KNOW THAT YOUR WORKING AND GET THE APPROVAL(keep that letter)....UNLIKE JUST GOING BACK TO WORK AND NOT LETTING THEM KNOW.

If you had TDIU P&T over 5 years and your 55 years old  then you do have a protection enforced  but going back to work puts this in jeopardy because the ways of VA thinking ,If  they think your disability has shown improvement, sure you can disagree all you want to, but it will cause them to send you a proposal to reduce  your benefits  and you will need to appeal this and when that happens it makes it hard for you to over come the proposed reduction  but proposals can be beat  its just a hassle for the Veteran to do that. and can be expensive for an IMO to over come the proposal.

*NOTES FROM A VA RATING SPECIALIST THOM STODDARD

Continued IU Eligibility

Once a veteran is awarded IU benefits and until he or she attains age 70, the veteran is required to submit an annual employment certification.   This procedure was resumed in September after having been suspended for approximately six years.  The veteran must list all employment for the preceding 12-month period.  VA uses the certification to verify continued entitlement to IU benefits.  Failure to return the form will cause VA to send the veteran a contemporaneous notice of reduction of the monthly benefit payment to the rate justified by the underlying rating. VA may schedule a reexamination for any veteran when VA determines there is a need to verify the continued existence or current severity of a disability.  

Generally, VA requires reexamination if it is likely that a disability has improved or if evidence indicates that a disability has materially changed or that the current rating may be incorrect.  Periodic future examinations are not requested if the disability is unlikely to improve, if symptoms have persisted without material improvement for a period of five or more years, where the disability is permanent in character, or in cases where the veteran is age 55 or older. 

After a veteran has received compensation at any level of disability for 20 years, to include total disability benefits based on IU, that compensation rate is protected. 

Veterans receiving IU benefits are subject to VA’s annual income verification match (IVM).   The IVM uses Internal Revenue Service (IRS) and Social Security Administration (SSA) income records to verify that IU beneficiaries remain below the earnings threshold for entitlement to IU benefits.

Edited July 20, 2020 by Buck52 (see edit history)

[MarineLCpl]

18 hours ago, Buck52 said:

Well its up to you if you go back to work any type of work it don't matter,  if they find out your working and getting the TDIU P&T  that will cause you a lot of trouble if they send you a proposal to reduce your benefits or a  a contemporaneous notice of reductionbecause your disability is not as bad as you claim and will prompt a re evaluation (C&P Exam)  you can only work while getting TDIU under special circumstances   rather or not the job is  a protected work environment or not  it has to be approved by the VA.

NOW WITH THAT SAID  READ THIS

If a veteran is working, but their income does not exceed the federal poverty threshold for one person, they can still be considered for TDIU. ... Therefore, you may be able to continue working while receiving VA disability compensation at the 100 percent level. BUT YOU NEED TO LET THE VA KNOW THAT YOUR WORKING AND GET THE APPROVAL(keep that letter)....UNLIKE JUST GOING BACK TO WORK AND NOT LETTING THEM KNOW.

If you had TDIU P&T over 5 years and your 55 years old  then you do have a protection enforced  but going back to work puts this in jeopardy because the ways of VA thinking ,If  they think your disability has shown improvement, sure you can disagree all you want to, but it will cause them to send you a proposal to reduce  your benefits  and you will need to appeal this and when that happens it makes it hard for you to over come the proposed reduction  but proposals can be beat  its just a hassle for the Veteran to do that. and can be expensive for an IMO to over come the proposal.

*NOTES FROM A VA RATING SPECIALIST THOM STODDARD

Continued IU Eligibility

Once a veteran is awarded IU benefits and until he or she attains age 70, the veteran is required to submit an annual employment certification.   This procedure was resumed in September after having been suspended for approximately six years.  The veteran must list all employment for the preceding 12-month period.  VA uses the certification to verify continued entitlement to IU benefits.  Failure to return the form will cause VA to send the veteran a contemporaneous notice of reduction of the monthly benefit payment to the rate justified by the underlying rating. VA may schedule a reexamination for any veteran when VA determines there is a need to verify the continued existence or current severity of a disability.  

Generally, VA requires reexamination if it is likely that a disability has improved or if evidence indicates that a disability has materially changed or that the current rating may be incorrect.  Periodic future examinations are not requested if the disability is unlikely to improve, if symptoms have persisted without material improvement for a period of five or more years, where the disability is permanent in character, or in cases where the veteran is age 55 or older. 

After a veteran has received compensation at any level of disability for 20 years, to include total disability benefits based on IU, that compensation rate is protected. 

Veterans receiving IU benefits are subject to VA’s annual income verification match (IVM).   The IVM uses Internal Revenue Service (IRS) and Social Security Administration (SSA) income records to verify that IU beneficiaries remain below the earnings threshold for entitlement to IU benefits.

Buck, 

I hear you.. But I strongly disagree with your rationale in a few spots. First of all, when referring to PTSD, a 70% rating does not reflect “total occupational impairment” - that’s reserved for the 100% scheduler rate, which I don’t meet. And in my case, all P&T means is that they don’t expect it to improve substantially(I tend to agree here). On the other hand, TDIU is granted when a veteran cannot maintain “substantially gainful employment,” such as working a 9-5 job during the week...right? Not being able earn enough income working a regular job is the entire basis around the IU determination. It’s supposed to replace the income you would otherwise be earning if your disabilities weren’t in the way.

Do you honestly think the VA would propose to reduce because someone with “deficiencies in most areas” earned 5-6k a year working from home? Where they made the rules?

Depressed today? Day off.

Feeling decent? Attempt to be productive. 

On edge? 2-hour break

Where is the argument here? How does a vet earning 5k a year doing odd jobs from home equate to “if he can do that, he can earn 30-40k+ a year on his own”... truth be told, it doesn’t. 
 

Marginal employment, BY LAW, cannot be considered SGE. Unless someone’s income crosses over that poverty line, there’s no argument that he/she could maintain a job in a normal, everyday society. Could they see this 5-6k and call you in for re-evaluation? Sure they could. Let’s say they do...you oblige and attend that C&P...doc finds no change since your last exam in regards to symptoms. 

Where does the VA go from here? The answer is nowhere, because that’s quite literally the only card they had to play. To me, sounds like a giant waste of time, money, and resources. They can’t just “propose to reduce” based on marginal income alone. 

If at any time a veteran feels they can return to a normal, societal workforce, I think they SHOULD attempt to work, despite their rating. If and when, after successfully completing 12 months of employment, they should inform the VA, get off TDIU, and drop down to their scheduler rating. If the VA wants to reevaluate from there, so be it. But saying you should “inform” the VA that you’ve been doing odd jobs as a TDIU recipient seems very backwards to me(per the current regs). Meaning that since they ditched the yearly form in favor of cross-checking, it removes the requirement of having to report marginal employment. 

Why give the VA, who we have to fight tooth and nail, additional ammo that could be used against you if you’re not required to? They cross-check the SSA/IRS on their end for a reason...to monitor income, including the income of TDIU recipients. Have you ever asked yourself why they decided to use this method exclusively? My guess: ITS ALL ABOUT THE INCOME. Unless a recipient is making over that federal poverty line, again, where is the argument to reduce? All they can do is re-examine. But if your symptoms haven’t changed, NO CHANGE IN BENEFITS SHOULD OCCUR. But I tend to agree with you on the potential hassle...it’s a risk. Report could be less than ideal with a reduction proposal to follow. This is worst case scenario though and isn’t very likely, imo.

But you’re potentially digging your own grave if you inform the VA of marginal employment now. Show me a current link/doc/reg that says marginal employment must be reported to the VA as a TDIU recipient. Doing marginal work on TDIU is ALLOWED per the current regulations as far as I can see, unless there was a recent change I’m not aware of.

For the record, I’m not at all trying to be disrespectful here...just sharing my own viewpoints based on personal logic, research, and experience.

I guess the ultimate point I’m trying to make...Not all vets receiving TDIU are completely useless...people DO have good days...and that’s something you should support, not suppress. Just because a vet decides to do a little work on that day does not endorse being able to hold down a job amongst the “normal” workforce...showing up every day, on time, regardless of how they feel, etc.

But yes, no work at all seems to be the “safest” play here(from a benefits standpoint), but I don’t think it should be considered a ‘guideline to follow’ per say...There are always exceptions to the rule.. 

Financially, 37k a year isn’t a whole lot in some areas.. God forbid someone has a good day and decides to spend that time trying to earn a little extra income for their family...versus wasting that good day away on the couch... in fear of the big bad wolf.
 

 

Edited July 21, 2020 by MarineLCpl
typo (see edit history)

[Buck52]

We ll you have that right to disagree & that's ok.

The reason they gave you the IU  at 70% for PTSD is because you could not do your job you were trained for  and your 70% did not meet the 100%scheduler  ok we know this much, 

 the P& T is that your 70% PTSD IS NOT expected to improve in your life time  and its a permanent disability...

So basically what I am trying to convey to you  is if you go back to work and they check SSA Records   this will certainly prompt a C&P  Re Evaluation  and if the examiner says your PTSD Has improved they normally will send a proposal to reduce your benefits, its a big gamble if you go back to work  if you want to keep your TDIU P&T? 

Only unless the examiner says your PTSD has got worse , then an increase will be warranted and they make the TDIU MOOT. & Give you the 100% scheduler..I' ve seen this happen...then you can go back to work and be safe.

.  without letting the VA know or at least get something back from them to show its ok for you to go back to work and keep the TDIU P&T.

However some members here  will agure this for you that is safe to work after being awared TDIU P&T . (  I totally disagree with that.)

if you believe that  then go ahead and start back to work  its your choice.

Maybe other will chime in I don't know any other way to explain this to you.

 

Edited July 21, 2020 by Buck52 (see edit history)

[Buck52]

MarineLCpl

Maybe Member  ''brokensolider244th '' can chime in here  he works for the VA  in the area of section as to where the claims go...he may can let you know if its safe or not to go back to work, and you may very well be correct if you just make 6.000.00 yearly.

[Foxhound6]

@Buck52 Agreed. This would be something that @brokensoldier244th might be able to chime in on. I agree with both views and the logic behind both. I would be very interested to see someone with more inside knowledge weigh in.

[Berta]

Unless there is a change in your P & T status, the VA will honor the Chapter 35 award for your dependents when they are college age, as well as the Chapter 35 benefits for the spouse.

My Chapter 35 award came in 1997 ,almost three years after my husband , the veteran, died , as I had continued the two pending claims he had, at death. He was 100% P & T for PTSD.

The EED for Chapter 35 was 1991.

It was not until 2003 that I began to use my Chapter 35. I had over half of the credits I needed from a prior college.

When my entitlement ran out ( I am a widow so those regulations are different from the award you got-) I continued at AMU by paying out of pocket until I graduated.

In 2003 I also had a new claim pending at the RO for a direct SC death. That was awarded (long story there) and I asked for a refund of my out of pocket tuitions.

After a little hassle ( I was the first civilian and first Chapter 35 student at AMU- a military school- )they (VA) refunded my tuition for the years that I had to pay it myself. The direct SC death award had prompted a new Chapter 35 award. with a new limiting date.

Also my daughter was awarded Chap 35 in 1997 and she had just joined the Military. When she applied for her formal DEA Certificate, VA EDU made a CUE. only awarding her up to her 26th birthday, eve though she had sent them her DD 214 and checked the app for past military service.. I wrote the CUE, she signed it and sent to them and three weeks lay=ter she got the proper eligibility- 7 years of Chapter 35.

My daughter was so disgusted she never used it and is now close to end of her Masters and she paid for all of that herself.

I almost forgot ---She did gain many college credits from the Military=- USAF INTEL.

(She was disgusted and angry that the VA had snafued the very first and only claim she ever made) ( I said to her -Welcome to my world)

I used the original DEA application from 1997, when I applied in 2003,but the form had changed so VA sent me a newer form.

The VA site on DEA has recently been updated:

https://www.va.gov/education/survivor-dependent-benefits/

It is a wonderful program!

 

 

 

 

Edited July 25, 2020 by Berta (see edit history)

[MarineLCpl]

On 7/21/2020 at 11:06 AM, Buck52 said:

MarineLCpl

Maybe Member  ''brokensolider244th '' can chime in here  he works for the VA  in the area of section as to where the claims go...he may can let you know if its safe or not to go back to work, and you may very well be correct if you just make 6.000.00 yearly.

I reached out to him on the matter. Basically, it could go either way, I guess. 

On 7/23/2020 at 10:58 PM, Foxhound6 said:

@Buck52 Agreed. This would be something that @brokensoldier244th might be able to chime in on. I agree with both views and the logic behind both. I would be very interested to see someone with more inside knowledge weigh in.

Could go either way, according to brokensoldier244th. But I still can’t see how the VA could use marginal income to propose a reduction...I stand firmly by that. 

On 7/25/2020 at 6:34 AM, Berta said:

Unless there is a change in your P & T status, the VA will honor the Chapter 35 award for your dependents when they are college age, as well as the Chapter 35 benefits for the spouse.

My Chapter 35 award came in 1997 ,almost three years after my husband , the veteran, died , as I had continued the two pending claims he had, at death. He was 100% P & T for PTSD.

The EED for Chapter 35 was 1991.

It was not until 2003 that I began to use my Chapter 35. I had over half of the credits I needed from a prior college.

When my entitlement ran out ( I am a widow so those regulations are different from the award you got-) I continued at AMU by paying out of pocket until I graduated.

In 2003 I also had a new claim pending at the RO for a direct SC death. That was awarded (long story there) and I asked for a refund of my out of pocket tuitions.

After a little hassle ( I was the first civilian and first Chapter 35 student at AMU- a military school- )they (VA) refunded my tuition for the years that I had to pay it myself. The direct SC death award had prompted a new Chapter 35 award. with a new limiting date.

Also my daughter was awarded Chap 35 in 1997 and she had just joined the Military. When she applied for her formal DEA Certificate, VA EDU made a CUE. only awarding her up to her 26th birthday, eve though she had sent them her DD 214 and checked the app for past military service.. I wrote the CUE, she signed it and sent to them and three weeks lay=ter she got the proper eligibility- 7 years of Chapter 35.

My daughter was so disgusted she never used it and is now close to end of her Masters and she paid for all of that herself.

I almost forgot ---She did gain many college credits from the Military=- USAF INTEL.

(She was disgusted and angry that the VA had snafued the very first and only claim she ever made) ( I said to her -Welcome to my world)

I used the original DEA application from 1997, when I applied in 2003,but the form had changed so VA sent me a newer form.

The VA site on DEA has recently been updated:

https://www.va.gov/education/survivor-dependent-benefits/

It is a wonderful program!

 

 

 

 

Thank you, Berta! What a wonderful story, I’m so glad it eventually worked in your favor. Rightfully deserved from what I can tell. My decision packet just arrived and indeed included “basic eligibility to ch.35.” Looks like they granted P&T status to the PTSD w/ Major Depression. I’ve been telling my therapist for years that I don’t think it’s going away...glad the VA finally agrees. Through my pain and suffering, it would be great to give my wife/children educational benefits as a way of making me feel a little better about myself. I’ve been so restricted on how I can contribute and help due to my issues...this makes me feel good that I may finally be able to provide some assistance to my family.