Dear Jim,
I will keep this short and simple. I have been rated 10% for tinnitus for 8 years and have been battling with appeals for PTSD for the last 4.5 years. I just got my award letter granting me 70% for PTSD but also giving me TDIU from November 2012 to current. I have just received this rating but have had gainful employment since January 2013. I do not want to get in trouble or anything so what should I do?
I earn above the poverty threshold and don't want to hide the fact and risk losing all of my rating. The 70% is what I was hoping to get. I started working in January for a civil service position in NYC. I know i'm above threshold and don't want the VA to see that next year and think I was trying to hide it and "freeload" off the system.
Any advice would be great.
Reply:
You should immediately notify VA in writing of the circumstances. Don't call, don't try to go to a "VSO" for help, please. Use certified mail, RRR for this task.
In your brief letter to your VARO, tell VA that while you were waiting for a decision, you found gainful employment. Tell them the date, who you work for and that you are earning somewhat over the poverty threshold. Don't say anything like, "70% is what I was hoping to get"...just keep the letter very simple and stick to facts.
VA should allow you to work for a year while you continue to earn 100% TDIU benefits. This is the VA "return to work" program. VA doesn't have their program as formalized as the SSA does and guidelines aren't as clear but the point is that they recognize that most of us would rather be able to work at a full time job than to be rated at 100%.
Once you've notified them of your employment, this takes the burden off of you in case the job doesn't work out. You'll still have the TDIU rating. If the job goes away, you just need to notify VA again and you shouldn't experience and interruption in your income.
You're correct in the thought that you don't want to hide any of this from VA. I always think of these sorts of actions as preparing for a review by a higher authority 5 years from now. In 5 years, when they finally get around to having a close look at your situation, the question will always come up as to whether you were open and honest or if you attempted even a little bit of fraud. Honesty and a demonstrated willingness to remain within the law is very important to your credibility. Your letter will create a paper trail that shows you were doing your best to comply as you should.
Finally...congratulations on achieving such a thing. You've won a major battle for yourself and the fact that you now have a good job now is as honorable as it gets.
Read more about the TDIU benefits here http://www.vawatchdog.org/tdiu-unemployability.html