Question:
Hi Jim, I am a disabled vet rated by the VA at 90%, yet paid at 100% IU. My family and I would like to start a bee farm and, due to other circumstances, would only be able to do so if the business was established in my name as this would allow us to utilize USDA and SBA funding resources granted to veterans. My concern is that the VA will then view me as employable, despite the fact that I would have very limited ability to actively participate in the business. I do not want to jeopardize my VA benefits, so I'm thinking the solution might be to request the VA review my case and transition my rating to 100% P&T, as all of my conditions have worsened since my medical discharge in 2002. Is this even possible? Am I on the right track or is there another way to try and help my family build a future without losing my benefits? Thank you!!
Jim's Reply:
You do not ever want to ask VA to review your TDIU. Never. You have to be careful what you ask VA, you never know what you'll receive. Think of what you'll tell them with such a request..."I can work but I don't want to lose my 100% benefits for not being able to work so please rate me at 100% even though I'm technically not eligible. Please."
You are allowed to work and earn under the amount of the federal poverty line. This may come in the form of marginal employment (under the poverty wage line) or 'sheltered employment'. The term sheltered employment often refers to family run businesses.
There is so much varying information about how all this works available that I'm hesitant to link you to a single source. So that you see all that's available from dozens of source, do a search for <TDIU sheltered marginal employment> and learn all there is to know about your options.
In a nutshell, when you incorporate your business in your state VA will track the SSA and IRS filings to see how much you earn over time. If it appears you're making too much money, you'll receive a VA form 4140 which will begin a Q & A to ensure that you aren't earning megabucks.
I'm enthused about your choice of a bee farm. That's an industry that needs some attention and I'm glad to know you're on it.
Good luck.