Question:
Jim, I am 100% Total disabled ( had organs removed) never going to change. Am not considered unemployable. Does not state unemployable on my letter. Have recently been informed that if I work to much and make over a certain amount per year that I can lose my 100% VA disability. Can you clarify this please. I like my job very much but, not enough to lose my VA Benefits.
Jim's Reply:
A 100% rated veteran may be rated as 100% either by the schedule (a 100% schedular rating) or by the TDIU process (a 100% TDIU or Unemployability rating). If you are rated as 100% schedular, you are allowed to work or pursue any activity as you are able to do so. If you are rated as 100% TDIU or Unemployable, you are not allowed to hold gainful employment...gainful employment is defined as that employment that will earn you more than the federal poverty wage level in your region. Your VA award letter may not state "unemployable" as such...VA award letters are notoriously hard to decipher. I'd have to review the letter to be sure but it sounds as if you may have an underlying rating of less than 100% and an award of TDIU and you wouldn't be allowed to work.