Can You Work And Receive Individual Unemployability
So, what does all of this mean on a practical level? Yes, its possible first, it means that VA law does allow for some veterans who work to also receive VA unemployability benefits at the same time, depending on the circumstances. Second, it means that disabled veterans who are working should not foreclose the thought of obtaining individual unemployability benefits based on erroneous information they may have received from others that they are not eligible for IU simply because they work.
In these cases, it is important for the earnings to be examined in order to assess if the veteran is above or below the poverty threshold. A veteran can produce substantive proof earnings through pay stubs, tax returns, employer letters, and/or a Social Security Earnings Record. If the earnings are above the poverty threshold, an evaluation needs to take place to determine if the veteran is working in a sheltered environment. For example, if a veteran is provided accommodations or leniencies by his or her employer on account of service-connected disabilities, such as excessive time off, the ability to leave work at will, etc., this may be a sheltered work situation. However, it goes without saying that the veteran would have to have corroborating evidence to prove that the workplace is sheltered, for example, an employer letter verifying the excessive accommodations, etc.
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How Much Do Tdiu Benefits Pay Monthly
TDIU benefits are comparable to 100% VA Disability rating. Veterans that qualify for TDIU should receive a minimum of $3,146/month.
So Me Using GI Bill Benefits Wont Take Away From This Amount?
If you qualify for TDIU and are using your GI Bill benefits for either yourself or a family member you should not lose any of the TDIU income you currently receive. The$3,146/month figure listed above is a minimum amount. You may be entitled to more depending on your TDIU rating.
What If My Disability Is Mental Or Emotional
VA unemployability benefits are available for vets with both physical and mental disabilities. You can have one or the other or both, as long as your disability is related to your service in the military. As long as the disability is severe enough to qualify for benefits, it can be physical or mental, including PTSD.
Furthermore, the VA considers all service-related mental and physical disabilities. Therefore, even if you have no individual disability that qualifies, you might still be eligible for benefits if two or more disabilities qualify you.
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Frequently Asked Questions: 90 Percent Va Disability Ratings
What does a 90 percent VA Disability rating pay monthly?
The Veterans Administration will pay $1,887.18 monthly to veterans who are eligible according to the 2021 ratings tables. There is also extra monthly compensation available to veterans who have dependent children and parents. If you are approved at a 90% rating, you may also be eligible to receive back pay.
Is it hard to get a 90 percent VA Disability rating?
Some veterans have a clear-cut case where there is no question they deserve a 90% rating. For other veterans, you are going to have to jump through hoops to obtain a 90% rating from the VA. There is no quota of 90% ratings the VA must handout. Each VA claim is decided on a case-by-case basis. Your case will be decided solely upon the merits of your claim.
What are my chances of getting a 90 percent VA Disability rating?
If you provide relevant medical evidence, meet numerous deadlines, do excellent legal research, and correctly fill out all the paperwork, your chances will increase. Many veterans lose their claim because they did not provide evidence to prove they deserve a 90% rating.
What if I think I deserve a 90 percent VA Disability rating and was denied?
If you were denied a 90% rating within the last year, you may be able to appeal the VAs bad decision. If you were denied over a year ago, you can re-apply for your 90% rating. You can apply for VA Disability benefits as many times as you like there is no limit.
Tdiu Factor #: Non Service
The VA may not consider Non-service-connected disabilities in the evaluation of TDIU .
However, my first question as a Veteran advocate is if the non-service connected disability is impacting the ability to work directly, or if the non-service connected disability is aggravating or secondary to the service-connected condition .
If the latter situation applies, then I might ask why the Veteran hasnt pursued service-connection of the currently non-service connected condition.
In quite a few cases, though, the Veteran may be overlooking the impacts that Condition A and Condition B are having on each other, and the question worth asking is this: can the non-service connected condition be service connected on a theory of aggravation or secondary service-connection?
If so, the Veteran may not need to fight for extra-schedular TDIU at all, depending on the outcome of the secondary or aggravation claim.
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Legal Advice In Sheltered Employment Situations
Be very careful with the Sheltered Employment rules.
They are not frequently applied, many in the VA do NOT know about them, and they can lead to serious consequences if applied incorrectly. The VA fiercely protects what they believe to be the VA unemployability income limits to make sure that veterans do not abuse the benefit.
Im not telling any details here, but I know of a couple veterans who have been charged with criminal fraud for collecting TDIU benefits while exceeding VA unemployability income limits they received a income and doing nominal work for a family members business.
These charges usually will not stick as the US Attorneys that prosecute these crimes have far less understanding of VA regulations than even most VA raters or Board Hearing Officials. But youre going to have to pay a criminal defense attorney to make it go away, and the VA aint repaying your attorneys fees.
That said, it is ALWAYS BEST to get legal advice call a VA Accredited attorney and ask for a consultation if you are considering earning income above the poverty threshold and want to know if it is or is not considered sheltered employment.
Can Tdiu Become Permanent
Yes, an individual unemployability rating that is not initially deemed permanent by the VA can become permanent in the future. Veterans do not need to complete VAF 20-4140 if they have been in receipt of a TDIU evaluation for 20 or more consecutive years. Once you meet these criteria you are no longer required to submit VAF 21-4140, making your benefits permanent.
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What Is The Va 55 Year Old Rule
Veterans are protected from rating reductions if they are over the age of 55.
Heres an example of how a veteran is protected from a VA reevaluation for PTSD:
Scenario: A Veteran born on March 7, 1963, claims a VA PTSD increase from 50 to 70, which is currently rated at 50%. Medical evidence amassed in connection with the claim supports an increased evaluation to 70 percent, but also indicates that the Veteran recently began attending weekly counseling sessions with a therapist, and that the prognosis for progress is hopeful and the potential for improvement likely. The claim is forwarded to the rating activity for a decision in February 2017.
Result: The increased 70 percent VA rating for PTSD must be awarded and deemed static, with no future review examination scheduled.
Why? Under normal circumstances a routine future examination would be scheduled for performance in February 2020, three years following the rating decisions preparation. However, the Veteran, though only 54 years old at the time of the claims referral to the rating activity, will have surpassed age 55 by the time the examination is conducted. Thus, the VA Rater should NOT schedule a future examination.
Disability Ratings In 2018 And How To Get Rated At 100%
Basic Criteria for Veterans Disability Benefits
- You must have been diagnosed with a medical condition that is either physical or mental, andyour service in the military must be what caused that. The official verbiage that is used is service-connected disability. Your service-connected disability will be rated by the VA depending on the proof you provide and the severity of your disability.
Obtaining a 100% Disability Rating
As of 2018, there are only two methods to obtain a 100% rating from the VA. Those two methods are as follows:
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How Does Transferring My Gi Bill Benefits To My Spouse Work
Transferring your GI Bill benefits to your spouse can be done using the online transfer resources through the Transfer of Education Benefits website. If you are attempting to allocate your benefits to your spouse, there are several conditions that can apply. These include:
- Spouses can begin to use their transferred benefits immediately upon successful transfer.
- Can begin using education benefits while the transfer remains in the military or after their discharge.
- Spouses are not eligible for the monthly housing allowance portion of the GI Bill benefits while the member is still in active duty.
- If the service member was discharged or left the service on or before January 1, 2013, the 15-year window applies to spouses trying to use GI Bill benefits. If 15 years is up and the benefits have not been used, they are gone forever.
Disability Discharge Tips And Faqs
Q: Is it possible to work and still be eligible for a disability discharge?A:Even though the government may say otherwise, the answer should be yes. You are allowed to earn less than 100% of the poverty line for a family of two during the three year watch period after a final discharge is granted. This allows you to explore whether you can get back in the workforce.
Q. Can I qualify if I have a disability that prevents me from working in the occupation for which I was trained?A: Not if you are able to work in a different occupation. To be eligible, your disability must make you unable to engage in any type of substantial gainful activity.
Q: Is evidence of a Social Security or Veterans Affairs disability decision sufficient to qualify for a student loan discharge?A: For V.A., yes, if you have been determined to be unemployable due to a service-connected condition. For Social Security, in some cases, yes as of July 1, 2013. If you are receiving Social Security Disability Insurance or Supplemental Security Income benefits, you can submit a Social Security Administration notice of award for SSDI or SSI benefits stating that your next scheduled disability review will be within 5 to 7 years from the date of your most recent SSA disability determination as a way of proving eligibility for a disability discharge. You may do this instead of submitting a certification from your doctor.
Q: Can I apply again if I was denied the first time?
1. Pay stubs showing year-to-date income,
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What Does 100% Permanent And Total Mean
100% Permanent and Total means that you are 100%, permanently disabled, and most likely are never going to be re-evaluated. You are still able to work as much as you want and can. This is where confusion can occur.
The thought of 100% Permanent and Total makes a person think that they will not be able to work. This is not correct. You can work, start a business, or follow whichever path life takes you on. The way the VA deems a disability permanent is when, based on medical evidence, the provider is confident that the level of impairment will continue for the rest of the veterans life.
For this reason, the VA is allowed to take age into account when determining whether a disability is permanent. This can make it difficult for younger veterans to be considered permanently disabled. Do not let this discourage you from attempting to attain 100% Permanent and Total. If you genuinely believe you deserve 100% P& T, talk with one of our Veteran Coaches to find out what needs to be done.
What Evidence Do You Need For Individual Unemployability
When applying for individual unemployability, disabled veterans will need to present evidence. This evidence should include:
Its important to note that there are some cases where the VA will grant IU even if the veteran has a lower disability rating than necessary. However, the veteran must present evidence that shows that the typical eligibility criteria is unreasonable in that case. For example, a veteran might show that they have experienced frequent periods of hospitalization that interfered with their ability to stay employed and earn an income.
Once a veteran is approved for IU, they may need to fill out an employment questionnaire to show that theyre still eligible.
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How Do You Prove Individual Unemployability To The Va
You should provide the VA with any and all documentation you can come up with including:
- Evidence of your service-connected disabilities as described above, this can be a copy of your VA disability rating letter. If you don’t have a copy of your VA letter, you can just send them a statement that you do have the qualifying disability rating from the VA .
- A written notification that the disability or disabilities prevent you from performing the mental and/or physical tasks required to get or keep substantially gainful employment, this can be in your own words. If you have any medical diagnosis send copies of it to the VA, this will speed up the decision.
What Is Permanent And Total Disability
A different designation known as permanent and total disability applies to veterans whose disabilities are not expected to improve. But its important to understand the definitions of permanent and total:
- Permanent. This means that based on the medical evidence, it is reasonably certain that the disability will continue for the rest of the veterans life. The veterans age may be taken into account, so younger veterans are less likely to be considered permanently disabled.
- Total. The VA uses a rating schedule to determine to what degree the disability interferes with the veterans ability to function. Total means that the rating is 100%, indicating the veteran is completely or totally disabled.
It is possible for a veteran to have a total disability that is not permanent, or a permanent disability rated less than 100% . If the veteran has both permanent and total disability rating, it cannot be reduced and it may entitle the veteran to other benefits besides monthly compensation.
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Our Team Of Attorneys Is Dedicated To Reversing Your Claim Quickly
If the VA has denied your claim or some other type of benefit, it can put you and your loved ones at a great disadvantage. The rejection may stem from a simple and unintentional mistake, or it can be on purpose and blatant misconduct. The team here at Marcari, Russotto, Spencer and Balaban will listen to you immediately and work as a unit to correct any type of improper action or flagrant injustice that you experienced and pursue the benefits that you truly deserve. Our litigators have been through it all, and TDIU or DIC denials are something they know all about.
Tdiu And Permanent And Total Disability Requirements
A VA determination that you are disabled will help you get the compensation you need. But it may not be a permanent designation, and the VA can later attempt to reduce your rating. Fortunately, there are options for some veterans to be considered totally and permanently disabled, and for that rating to be protected from future decreases.
Disability Law Group is here to answer your questions and make sure you get the maximum VA benefits available to you under law. We will help you not only apply for monthly compensation but appeal any unfair adverse decisions.
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Additionally The Veteran Would Also Be Entitled To:
- No-cost healthcare and prescription medication
- Dependents Educational Assistance, which allows a spouse and children to be eligible for educational benefits
- CHAMPVA health insurance for a spouse and children
- DIC benefits for a spouse of a dependent under the age of 18, should the Veteran pass away due to either a 100% rated disability within 10 years or for any disability after 10 years.
The Veteran may also be entitled to numerous other benefits depending on their circumstances.
Do I Need A Lawyer When Pursuing Tdiu Benefits
It is not required for veterans seeking Total Disability Individual Unemployability benefits, but we strongly encourage you to do so. Having a dedicated Veterans Affairs attorney on your side ensures your rights as a disabled veteran are protected.
If you are appealing a previous TDIU denial, an attorney is vital to the success of your appeal. The VA will have legal representation when reviewing your case. We encourage you to be represented as well.
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How Do I Apply For Individual Unemployability
There are three ways in which veterans can apply for Individual Unemployability benefits:
Each of these options requires the veteran to complete VA Form 21-8940: Veterans Application for Increased Compensation Based on Unemployability.
How Do I Know If I Qualify For The Post 9/11
Veterans qualify for the post 9/11-GI Bill if they:
- Served on active duty for at least 90 days on or after September 11, 2001
- Received a Purple Heart on or after September 11, 2001, and were honorably discharged
- Served for at least 30 days on or after September 11, 2001, and were honorably discharged with a service-connected issue
- Or a dependent child using benefits transferred by a qualifying member