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Military.com    Military.com Forums  Hop To Forum Categories  Veteran's Issues  Hop To Forums  Retired Affairs Life after the Military    IU and 100% VA Disability - Work Rules & General Rules
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IU and 100% VA Disability - Work Rules & General Rules
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RVN1968
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Is the below true (by Vampire3R)? I am IU, P&T, and thinking about voluteering at the VA or other non-profit organization.... just to have something to do. I am a 50% PTSD Vet among other disabilities.

I just called my POA, Texas Veterans Commission, and they said voluteering is OK for IU Vets. He said the rule is "gainfully employed" and voluteering doesn't meet that definition because there is no money being paid. Also, the annual VA IU questionaire about income does not mention voluteering on it whatsoever.

Please advise me. I just want to get out of the house. Thanks.


quote:
Originally posted by Vampire3R:
You get 100% Compensation because you are UNABLE TO PERFORM ANY WORK EFFORT, That includes any work or even Volunteering. PERIOD. There have been cases where veterans lost thier IU or had thier percentage downgraded because they volunteered
 
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Dave_M
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You can volunteer. Just not full time, and not in something that resembles work. The rule is gray. It is gainful employment, but if you do a job that would normally pay you more than the limit for IU, then you cross the line. So spending 30 hours a week fixing PCs for a United Way agency would look like a job that would pay well. Spending 3 mornings at the VA pushing wheelchairs for vets looks like an old candy stripper (joke). It is a toss up if the vet would prefer an fellow vet or a cute young girl, but you will enjoy dealing with your fellow vets.
 
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lancer9
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Dave M - If you'd be so kind, please PM me.

lancer9
 
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Dave_M
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I can not private message you. The function only exists between moderators.
 
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lancer9
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Perhaps you would email me at xx Thanks!!

This message has been edited. Last edited by: Dave_M,
 
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Dave_M
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I prefer to conduct all business on the forum, as that is my job. I do not work in the Veterans Benefits arena except for here.
 
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lancer9
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Dave - I'm rated 100% schedular for PTSD, 40% for hepatitis C and IU. I'm separated from my wife and 17 yr. old daughter, a junior in HS. I also receive SSDI, which I give to my wife as support for my daughter. (Daughter also receives approximately 50% of my SSDI amount from SSA, payable, of course, to my wife.) I also (with the bank), own a 4 unit apartment building, the rent from which just about makes the mortgage payments with maybe a small profit.

I called the VA yesterday to find out how much I can earn without jeopardizing my benefits. The young lady I spoke with told me that becsuse I'm classified as IU, my employment can only be "marginal", not "substantial gainful activity". She asked if I was contributing to the support of my wife and daughter, I said yes, she told me I could make approx. $15,000.00 annually, the poverty level for three people.

Questions: Will whatever meager profits from the apt. bldg. be counted as part of the $15K I'm allowed to earn? Was the lady right in telling me the amount I can make is based on the poverty level of 3 people even though I don't live with them but do contribute to their support?

Thank you for your help.
 
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DaveBarker
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quote:
Questions: Will whatever meager profits from the apt. bldg. be counted as part of the $15K I'm allowed to earn? Was the lady right in telling me the amount I can make is based on the poverty level of 3 people even though I don't live with them but do contribute to their support?

I'm probably not the Dave you asked but...

If you are not working in the apartment building, it would appear to me that is not employment. Only the amount you earn by marginal employment counts.
The lady was correct if both are your dependents. However if you are divorced, the income would be based on 2 people. Alimony does not make an ex-wife dependent.


I will cast no stones. Proud member of the RD-DV!
Military.com is the original home of the Derelict Veterans Group,
RD-DV, established December 31, 2008

 
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lancer9
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Thanks, DaveB, I appreciate your input. In determining what my permitted earnings may be, does it matter how much I contribute to wife and daughter's support? I'm giving my wife approx. $800/month and my daughter gets approx. $500/month on my Social Security earnings. I hope that's enough to qualify me to earn the poverty standard for 3 people (as marginal employment). Thanks again!

Lancer
 
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Dave_M
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Do you receive IU or 100% schedular. Your post says both. If you receive IU or 100% for IU, by definition you are unable to work a job. Investment income including that from owning property is not a job.

The VA rules for IU do not take into account alimony or child support in calculating allowed EARNED INCOME. What you receive from the VA and Social Security is also not counted as EARNED INCOME. What is counted as EARNED INCOME for puposes of Social Security and IU is wages from jobs and earnings from certain businesses that require payment of Self Employment Taxes.
 
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mm717
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A little guidance please..

I want to put in for a C&P exam on a neck injury that has been getting worse. My medical record states that I have injured my neck twice while on active duty. My question is, should I date the injury back to the 1st occurence, even though the 2nd occurence was more severe?

Thanks for any help.
 
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Dave_M
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It does matter, as you are no longer AD. I would document both occurrences as the source of the problem. Effective date is the date you file your claim, not the date of the injury, or the date of discharge if within one year.
 
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JWCallihan
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I am retiring from active duty after 22 years. I just submitted my VA APPLICATION FOR COMPENSATION. I have some outstanding ailments that I need to have verified I guess for them to be combined with my claim or at least that is how I understand the process to work.

In my area there are no Military Hospitals so I am still on TRICARE. Question: Is it OK to use a TRICARE civilian physician to diagose my conditions or should I go to a Military Facility?
 
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Dave_M
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That should be fine, but I would want to make sure all medical issues are in your SMR. So you may want to make a trek to your nearest Military Facility with records in hand before retirement.
 
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JWCallihan
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I filed my initial claim form with the VFW. How long will it take to recieve a reply from the VA? and what will I have to do when it comes...I want to be prepared. I made an appointment with my primary care doctor but am I am having these conditions evaluated??? or what is the proper terminology to use.

Some of these things I have lived with with fear of being released from active duty before my twenty years...for instance I am quite certain I suffer from sleep apnea.

I have a list of these conditions some of which of course I have been treated for in the past like my back surgery... do I tell the doctor that I need an am exam to prove each condition...does that make sense?
 
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Dave_M
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First what did you file for with the VA. Second, not having medical issues examined in the service as you near the end of career is a mistake.

On you question, they will send you a form asking you if you have additional evidence that they do not have in their record. Provide medical records, etc the document the issues you have applied for with the VA. If you feel you have sleep apnea, the PCP should schedule a sleep study and refer you to a sleep specialist.

A some point the VA will schedule you for one of more C & P exams. The number depends on the claims filed and the requirement that a specialist evaluate you. Well documented claims may only require a single C & P. If you have multiple claims, then it will require someone from each medical area that they feel needs development.

The exam will take 30 minutes to 2 hours depending on the issues and doctor.
 
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JWCallihan
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Sir, thank you for the reply. I am though going to have my conditions looked at pryor to my offical retirement Sept 1. I intend on using a civilian doctor due to logistics; I am close to all of the Cleveland Clinic hospitals.
 
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JWCallihan
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I am going to make a copy of my military medical record. Would it make sense to have it all scanned into adobe? And if so, are there folks who do that?
 
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What does "On Warning Sekar" mean under my screen name?
 
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Dave_M
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It means you have been warned by a Chief Moderator for some behavior on a forum.
 
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