100% Scheduler, TDIU, and Permanent and Total

[cali_21B]

Thank you everyone in this community, I have been successful with my claims, increases, and TDIU because of you all and I will be forever grateful. I am in need of some advice and I hope you all can help me. I started of 90%, then I was approved for TDIU at 90%,  and a year later was awarded 100% scheduler (P&T) and the TDIU designator was kept. No future exams scheduled.

My question now is if I decide to work and make over the poverty will the VA drop the TDIU designator and keep the 100% Scheduler? I have called regional and they are at a loss as to what may happen if I make over poverty wages and every veteran organization has given my different answer; the most common answer is that they don't know.  My next move is to hire a VA lawyer that can help me with this question. I feel that I might be able to work a menial job making minimum wage with like 20 hours a week but I don't know what would happen with my rating. I live in California and am barely surviving with most of my income going to rent. I will never be a homeowner and I am ok with that. Excuse the rant. I appreciate everyones help.Thanks! 

 

[pacmanx1]

1 hour ago, cali_21B said:

My question now is if I decide to work and make over the poverty will the VA drop the TDIU designator and keep the 100% Scheduler? I have called regional and they are at a loss as to what may happen if I make over poverty wages and every veteran organization has given my different answer; the most common answer is that they don't know.  My next move is to hire a VA lawyer that can help me with this question. I feel that I might be able to work a menial job making minimum wage with like 20 hours a week but I don't know what would happen with my rating. I live in California and am barely surviving with most of my income going to rent. I will never be a homeowner and I am ok with that. Excuse the rant. I appreciate everyones help.Thanks! 

The bottom line is no one can really say what the VA would and would not do, we or they are not the ones making the decision and we do not have your file to review.  It is totally up to the VA to make that decision and we can only speculate (GUESS).  By guessing it would not help you or any other veteran thinking of doing the same thing. We get this question all the time. What I would say based on my experience is that you should consider yourself medically retired. File for early SSA benefits, file a claim for SSDI that will begin your early retirement pay. You can always start a hobby, or volunteer, a lot of members stick around to help out other veterans.

Be forewarned what you ask for, as stated no one knows what the VA would do. If you go back to work, the VA could re-evaluate your rating and remove your TDIU, or they could try to say that you committed fraud, or they could reduce your 100% scheduler. There are too many scenarios that could play out but then again nothing may happen at all but why risk it. A 100%  P & T scheduler veteran is not supposed to be re-evaluated, but you never know what could happen.

[rfkoshka]

Pacmanx1 is spot on...no one can hazard a real guess as to how the VA would react to finding out you're working after they've agreed that you're unemployable. The VA language includes the word "may" for those who work under the poverty level (i.e., you MAY be allowed to work). Each case is unique to itself.

You said you'd like to work maybe 20 hours a week...California's minimum wage is $14.00 an hour, which (if my math's right) gives you roughly $14,500 a year (20 hours/wk at minimum wage). But the poverty level in 2021 is $12,880, which means your target of 20 hours will put you over the poverty level (if you live alone. The rate goes up as the household numbers do).

Is your disability related to mental health? If so, you'll want to find out as well if 100% scheduler (due to mental health issues) allows one to work. There may be some sort of special rule in that instance, but I don't know.

Good luck to you going forward...you do have a strange situation going on right now; hope it all works well for you.

Cheers.

 

 

Edited July 28, 2021 by rfkoshka

[cali_21B]

I appreciate everyones help, I guess I am looking for confirmation so that I may be able to figure out exactly what my rating means/entails. I have read almost every post in the TDIU forum (kidding, but I went back a few years and read a LOT of posts!) and there are many different interpretations. I have reached out to multiple VA lawyers so that I can pay one of them to look at the CFR and possibly any cases or appeals they have handled that may be relatable to my case. I will keep everyone updated! I am hoping that a veteran that has been in my situation before and can provide some kind of guidance.