What is the difference between 100% disability that is employable or unemployable? Just curious and confused I thought that once you were 100% disability you could not work. Is that the discretion or recommendation of the Dr?
Thanks in advance
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Peer-2-Peer»IU and 100% VA Disability – Work Rules & General Rules
Tue, 04/19/2011 - 16:20
razorback
Joined: 11/12/2010
Tue, 04/19/2011 - 04:20
aedwards20
Joined: 12/14/2010
razorback,
I'm no expert on the matter, but I did have a 100% disability rating from the VA before it was lowered to 90% last May. I have been working at my new job since Sept. 2008 and it's Federal employment and nobody seemed to care. My case worker from AMVETS sent me paperwork to apply for IU when my rating was being reviewed and I had to tell him I couldn't fill it out because I was working full-time. You see I was given a temporary rating of 100% by the VA when I first applied in January of 2008 because they were backed up on processing claims and it was just a guess considering I was rated at 80% when I processed out of the Army in December of 2007.
I think the only time it makes a difference is when you do not have the ability to work you can apply for IU and I believe it is when you are 70% rated and above, but don't quote me on that figure.
Good luck
Wed, 11/02/2011 - 13:06
ACR
Joined: 11/02/2011
When the Department of Veterans Affairs assigns a disability rating of 100% for an individual condition, you may continue to work. When the VA assigns multiple percentages, that when combined under 38 CFR 4.25 are equal to 100% percent, you may continue to work. A person single disability rated 100% or combined 100%; may work as much and as often as they would like.
There are 2 benefits provided by the VA during which you are prohibited from working.
1) Individual Unemployability (IU) - You are eligible for this benefit when there is 1 disability assigned 60% disabling or above; or 2 disabilities totaling 70% or more with at least one disability being 40%. If you meet those basic minimum evaluation criteria AND the VA has determined your service connected disabilities prevent you from obtaining and maintaining gainful employment; they will pay you at the 100% compensation rate. After you have been granted the benefit of Individual Unemployability, the VA will send you a yearly form requesting you to certify continued unemployment. As long as you return this form and there is no future exam that could reduce your evaluation below the minimum criteria, you will continue to be paid at the 100% percent rate until you are able to obtain and maintain gainful employment. If you lie about employment, they will catch you. If they catch you, you will goto jail; and you won’t be the first.
A good example of this is ulcerative colitis. The rating schedule only allows a maximum of 60% for this condition. No matter the severity of the condition, 60% is the max. If the Veteran is only service connected for ulcerative colitis, but the evidence shows that this "60% disability" is factually preventing any sort of gainful employment; then the Veteran will be granted IUpaid at the 100% compensation rate.
2) Non-Service Connected Pension - This is an income based benefit that is similiar to welfare. You must have a certain amount of service during a designated period of war, meet income requirements, and be considered permanently and totaly disabled due to NON-service connected conditions. You cannot receive this benefit and work simultaneously. The benefit amount is offset by any income your receive (i.e. social security). This benefit is generally requested by older, usually retired, Veterans; but may be granted to any Veteran with war time service meeting the disability criteria.
An example of this would be a war time Veteran suffering a catastrophic brain injury in a car accident AFTER discharge. If the brain injury (unrelated to service) renders the Veteran permanently and totally disabled and (s)he meets income requirements; the Veteran would be entitled to Non-Service Connected Pension.
38 CFR §4.17 Total disability ratings for pension based on unemployability and age of the individual.
All veterans who are basically eligible and who are unable to secure and follow a substantially gainful occupation by reason of disabilities which are likely to be permanent shall be rated as permanently and totally disabled. For the purpose of pension, the permanence of the percentage requirements of §4.16 is a requisite. When the percentage requirements are met, and the disabilities involved are of a permanent nature, a rating of permanent and total disability will be assigned if the veteran is found to be unable to secure and follow substantially gainful employment by reason of such disability. Prior employment or unemployment status is immaterial if in the judgment of the rating board the veteran's disabilities render him or her unemployable. In making such determinations, the following guidelines will be used:
(a) Marginal employment, for example, as a self-employed farmer or other person, while employed in his or her own business, or at odd jobs or while employed at less than half the usual remuneration will not be considered incompatible with a determination of unemployability, if the restriction, as to securing or retaining better employment, is due to disability.
(b) Claims of all veterans who fail to meet the percentage standards but who meet the basic entitlement criteria and are unemployable, will be referred by the rating board to the Veterans Service Center Manager or the Pension Management Center Manager under § 3.321(b)(2) of this chapter. (Authority: 38 U.S.C. 1155)
[43 FR 45348, Oct. 2, 1978; 56 FR 57985, Nov. 15, 1991; 71 FR 28585, May 17, 2006; 74 FR 26959, June 5, 2009]
Wed, 11/02/2011 - 13:07
ACR
Joined: 11/02/2011
When the Department of Veterans Affairs assigns a disability rating of 100% for an individual condition, you may continue to work. When the VA assigns multiple percentages, that when combined under 38 CFR 4.25 are equal to 100% percent, you may continue to work. A person single disability rated 100% or combined 100%; may work as much and as often as they would like.
There are 2 benefits provided by the VA during which you are prohibited from working.
1) Individual Unemployability (IU) - You are eligible for this benefit when there is 1 disability assigned 60% disabling or above; or 2 disabilities totaling 70% or more with at least one disability being 40%. If you meet those basic minimum evaluation criteria AND the VA has determined your service connected disabilities prevent you from obtaining and maintaining gainful employment; they will pay you at the 100% compensation rate. After you have been granted the benefit of Individual Unemployability, the VA will send you a yearly form requesting you to certify continued unemployment. As long as you return this form and there is no future exam that could reduce your evaluation below the minimum criteria, you will continue to be paid at the 100% percent rate until you are able to obtain and maintain gainful employment. If you lie about employment, they will catch you. If they catch you, you will goto jail; and you won’t be the first.
A good example of this is ulcerative colitis. The rating schedule only allows a maximum of 60% for this condition. No matter the severity of the condition, 60% is the max. If the Veteran is only service connected for ulcerative colitis, but the evidence shows that this "60% disability" is factually preventing any sort of gainful employment; then the Veteran will be granted IUpaid at the 100% compensation rate.
2) Non-Service Connected Pension - This is an income based benefit that is similiar to welfare. You must have a certain amount of service during a designated period of war, meet income requirements, and be considered permanently and totaly disabled due to NON-service connected conditions. You cannot receive this benefit and work simultaneously. The benefit amount is offset by any income your receive (i.e. social security). This benefit is generally requested by older, usually retired, Veterans; but may be granted to any Veteran with war time service meeting the disability criteria.
An example of this would be a war time Veteran suffering a catastrophic brain injury in a car accident AFTER discharge. If the brain injury (unrelated to service) renders the Veteran permanently and totally disabled and (s)he meets income requirements; the Veteran would be entitled to Non-Service Connected Pension.
38 CFR §4.17 Total disability ratings for pension based on unemployability and age of the individual.
All veterans who are basically eligible and who are unable to secure and follow a substantially gainful occupation by reason of disabilities which are likely to be permanent shall be rated as permanently and totally disabled. For the purpose of pension, the permanence of the percentage requirements of §4.16 is a requisite. When the percentage requirements are met, and the disabilities involved are of a permanent nature, a rating of permanent and total disability will be assigned if the veteran is found to be unable to secure and follow substantially gainful employment by reason of such disability. Prior employment or unemployment status is immaterial if in the judgment of the rating board the veteran's disabilities render him or her unemployable. In making such determinations, the following guidelines will be used:
(a) Marginal employment, for example, as a self-employed farmer or other person, while employed in his or her own business, or at odd jobs or while employed at less than half the usual remuneration will not be considered incompatible with a determination of unemployability, if the restriction, as to securing or retaining better employment, is due to disability.
(b) Claims of all veterans who fail to meet the percentage standards but who meet the basic entitlement criteria and are unemployable, will be referred by the rating board to the Veterans Service Center Manager or the Pension Management Center Manager under § 3.321(b)(2) of this chapter. (Authority: 38 U.S.C. 1155)
[43 FR 45348, Oct. 2, 1978; 56 FR 57985, Nov. 15, 1991; 71 FR 28585, May 17, 2006; 74 FR 26959, June 5, 2009]
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