If you’ve been successful in getting VA disability benefits, you may discover that it isn’t enough. A part-time job may become necessary to supplement your income. But can you work? Will working, even part time, affect your monthly VA benefits?
It might. But there are a few things to think about before you start filling out job applications and going on interviews.
What Is P&T?
This stands for “Permanent & Total,” meaning that you are permanently and totally disabled as a result of injuries or medical conditions you acquired during military service. In other words, you are unemployed or unable to maintain substantially gainful employment (full time, paying wages greater than poverty level) as a result of a service-connected medical condition(s) incurred on active duty.
Schedular or TDIU?
There are two types of ratings assigned to veterans—“Schedular” and Unemployability, or TDIU. These ratings indicate your ability to work at the level you held prior to the injury. The VA considers only service-connected disabilities as the reason a veteran can’t be employed.
Schedular
Known as the Schedule of Ratings, or the VA Impairment Rating Tables, these are used to rate a veteran’s ability to return to work. You may be rated at 100% if you received a 60% or more rating from the Schedule, whether for a single disability, or for two or more that add up to at least 70%, creating a 100% disruption in your ability to generate an income. Even though you may not be completely physically disabled, you are allowed to work and earn any amount of income without any impact to your VA benefits.
Schedular disability is not the same as the determination of disability that is used for SSDI (Social Security) benefits.
Total Disability/Individual Unemployability (TDIU)
This version of VA disability means that your rating inadequately compensates you in your ability to generate an income for the disability as it’s awarded.
You may be able to earn a “marginal” income, which is at or below the US poverty threshold (in 2017, it’s currently $12,331 for one individual under 65, and $11,367 over 65.) Should you exceed that “marginal” level, your VA benefits may be reviewed for reduction.
You can, however, earn more than a “marginal” income if you are in a “sheltered position.” This may mean one of three situations:
- If you’re working in a family business in a “protected environment,” where an employer makes a special effort to employ a disabled individual
- In a position where specific accommodations are made for you or anyone in the position
- If the position was created or modified just for you, and the company would not hire a replacement if you left
- If a similar company wouldn’t hire someone like you for the same job and the same work, such as a position created/modified just to hire you, i.e, offering flexible work scheduling for medical treatments
This rating is usually assigned to veterans with conditions that may be temporary and resolve with treatment.
Should the VA question your employment or reduce/eliminate your benefits, it may become necessary to request documentation from your employer to defend your position. Our attorneys are experienced in VA claims, and can help you through the process.
If The VA Denies Or Reduces Your Benefits
Call us immediately—you must appeal quickly or lose the opportunity. Our attorneys can work with you to file your appeal in the VA’s system to get you the benefits you deserve.
We’re Here To Help
This is just a brief overview of VA disability and working, and should not be considered a complete guide.
The Herren Law Firm has helped over 4,000 Houstonians get the disability and veteran’s benefits they deserve, and we’ll be happy to help you. Call us at (713) 682-8194 or (800) 529-7707 for a free consultation. We’ll talk with you about your case and let you know how we can help. Our contingency fee arrangement means you won’t owe us anything unless we win your case.
