TDIU Income Restrictions

Question:

I'm a 70% disabled Vet with total and permanent disability, getting paid at 100%. Can I be part owner of my husband's LLC, S Corp, and get a small paycheck for notary services?

 

Jim's Reply:

You have the "unemployability" benefit that restricts your income. You're allowed to earn up to the federal poverty wage level but no more. If you earn more, your VA will be in touch asking whether or not you really need that TDIU benefit.
 

Your "small paycheck" probably won't exceed the income limits of the federal poverty wage level so no worries there. I am concerned that your becoming a "part owner" could cause you some issues.
 

VA tracks your income by following along your SSA and IRS income records. If your income exceeds the limits, you'll be asked to timely complete a VA For 21-4140 to explain what's up with your earnings. The complication I fear is that the company earnings may be associated with your personal earnings as you are an owner. 
 

Of course VA has all sorts of definitions of who may earn what under which circumstances but for what you see as a 'small paycheck', I doubt it's worth the risk to you. Even if you aren't exceeding income limits, if VA even thinks you are for any reason, you're in for a long painful process.

 

Were I you, I'd think carefully before I made such a move.

 


Source URL: https://dev.statesidelegal.org/tdiu-income-restrictions-3