Question:
Jim, I am 90% at TDIU, just recently was sent a big brown envelope stating that a review was done and that they granted me permanent&Total with dependent’s education etc...no more exams. The major portion of my disability is MDD recurring, Question: with not being a complete and total basket case; I would like to take on a Part time summer job next year for like 3 or 4 months, reduced hours, certainly staying under poverty level. Do you see any issue with that?
Thanks for your service to veterans!
Jim's Reply:
The 100% Total Disability Individual Unemployability (TDIU) rating is awarded based on the inability to hold gainful employment because of service connected ratings although the sum total of those ratings doesn't add to 100% on The Schedule For Rating Disabilities. To be eligible for the TDIU rating the vet must have a single rating of at least 60% or multiple ratings totaling 70% with at least one rating being at 40% or greater.
Gainful employment is that which will provide an income greater than the annual federal poverty level. Veterans who hold a TDIU rating are allowed marginal employment...that employment that earns the veteran less than the federal poverty guideline.
VA is checking your income by cross referencing your IRA and SSA accounts. You don't have to notify VA of any of this as you go along, they will know if you exceed income limits. If that happens you'll be notified and asked to complete a VA Form 21-4140 and VA will review your TDIU status.
The bottom line is that yes, you may return to part time work so long as you are confident that your income doesn't exceed guidelines.
Good luck!