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When I read these sorts of things I have to cringe. A rep tells a vet on IU that he has to tell the VA of his job? Under what section of Title 38 or Heaven does such a provision exist?

And as to the vet who's a church greeter? How did the VA even garner such information? By some ruse of a vet's honesty?

VA sends a form to those on IU periodically to complete in regards to employment. It is required to be completed to maintain Individual Unemployability. This is a provision of the program. VA also checks with IRS and Social Security to acertain if any history of employment for the period is indicated. Gainful, or meaningful employment, that being usually in excess of the rate of non service connected pension will cause removal from the IU status.
In regard to the church greeter. He receives no income at all from the church, this is the decision of predjucice of a rating specialist, confirmed by the Decision Review Officer. The church greeter by the way is a Christian. The VARO got the information from the VA medical progress notes. The notes indicated "the veteran has avoided contact with nearly all family and friends, but did volunteer to be a greeter at his church." The veteran in question is rated 70% PTSD, due to an appeal won several years ago.

Thanks for the info, Dave. So there's a sort of yearly census for TDIU. And I understand if a vet goes over the pension amount. It's just that the vet who lost his benefit, said a rep told him he could work for a year; which is inadequate information given the regulations.

The church greeter item is just ridiculous. No way does being a church greeter disqualify one from a total rating. It's totally prejudicial. Is that your case? I know you'll win. It's just a terror the vet will have to wait it out.

Now I will add, that I learned to be careful when answering any VA caregiver when asked, "How's it going?" Because when I was persuing my claim, I got a SSOC where the adjudicator noted, "Veteran said he felt okay on (some such date)." When in reality I felt awful and said so when actually sitting down and speaking with my doctor.

So be careful not to be taken in by any caregiver's rhetoric. Because the VA will use rhetoric against you. It's only natural to say, "I'm okay" when someone asks, "How you doing?" It's actually a conditioned response. Because we all want to feel fine and dandy. Especially when we feel terrible.

But for the past couple of years I've been more deliberate in answering VA caregivers. When a counselor asks, "How you doing?" I tell them, "Terrible. In pain. Lousy. Can't think. Can't eat. Can't sleep. Stomach is bad. Neck hurts. Migraines."

So anyway, I'm reading in my Lexis-Nexis Veteran's Manual (2003) that the VA is proposing changes regarding TDIU and employment at 38 CFR 4.16. I don't think it's taken effect yet. In short, the VA wants to rid itself of the currently explicit term of "substantially gainful employment" for the more nebulous term of "any work done for pay."

The proposed reg would also eliminate 38 CFR 4.16 at (c) which allows for "marginal employment" where such employment may exceed the pension rate.

Rather it seems, the VA would find an irrebuttable presumption of ability to work, where a single veteran earns twice the pension rate (around $20K). Irrebuttable presumption. That means the vet would automatically lose.

I think the decision of Roberson v. Principi (Fed. Cir. 2001) regarding TDIU really put a bug in the VA's bonnet. Where the court liberalized the concept "substantially gainful employment" by a plain language reading of 38 CFR 4.16. And overturned the CAVC in the process. This case is one that the CAVC botched. The circuit did the right thing. They put forth the intent of Congress.

But this is what the VA always does. They get a decision that reflects the intent of Congress, so then they push to change the law to suit their need; their need to not pay vets and fatten themselves, where every denied claim is simply profit to them.

And someday the VA will push to regulate a vets investment and dividend income as "employment income".

Best wishes!

Thanks GravyBoat. I do wish to point out IU is not always Temporary Disability. It is often rated permanent. When it is permanent, it will grant education and CHAMPVA for dependents.

The best thing to do is to check your award letter, verify the information in the letter and if needed, contact your local Social Security Office to insure that you keep your income at the levels proscribed by SSA to keep your VA benefits coming.

It's important to keep good records to avoid repaying the VA for overpayment.

Thanks for posting.

Thanks to all for the information and it seems although it may not be healthy or tolerable to the most of us....its better to keep what you are getting and not even try to earn your way. Even if you are like me and feel up to working one or two days a week...if its on the books or you admit to it..you could jepordize your disability either through the VA or Social securtiy. I know it seems contrary to most peoples beliefs and standards...but honesty is not always the best policy. Thanks again to everyone for the input...it helps!!

You are welcome to post here. This board is essentially an anonymous internet 'chat' room so feel free to ask whatever questions you wish and we'll do our best to get you the information you need to be of assistance.

Like Dave B said, "IU" can and is rated total and permanent. I'm rated 100% "P&T, based on IU". The last sentence in my last award letter from the BVA reads "this veterans service connected disabilities are to be rated as total and permanent in nature".

I get(or got) all the benefits a just straight 100% "P&T" vet got. I'm eligible for CHAMPVA and my son got dependents educational assistance when he was attending Mich State.

And every year I get a form from my local VA office to affirm and attest that I haven't worked in the last year. Matter of fact, I got it late last week and its sitting here staring at me as I type. Thanks for the reminder, it will be in the mail today.

Now, heres the thing. Over the course of the years I've been involved with the VA's dept of Vocational rehabilitation, VocRehab. A better program DOES NOT exsist anywhere in the VA.

They(they being VocRehab) has a "test the waters" program for "IU" vets.

If yer "IU" and ya think ya wanna try going back to work, DO NOT just go out, get a job, and see what happens. Go to VocRehab and chat about it with them.

I believe the program allows for you to go back to work and "test the waters" for up to 24 months. No harm, no foul, ya don't lose yer monthly comp check. And ya won't get a letter from the VA a year or 2 down the road saying, you worked, we paid you for "IU" while ya worked, now ya owe us.

But Geez, don't just decide yer ready to go back to work and just go out and do it. Ya do that FOR SURE the VA's gonna sooner or later, and whether or not your attempt to go back to work was sucessful or not, come around and stick it to ya-JRC

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If yer "IU" and ya think ya wanna try going back to work, DO NOT just go out, get a job, and see what happens. Go to VocRehab and chat about it with them.

You're right about that!

A major ongoing problem for the three plus decades I've been in the VSO business has been IU and interpretation of the regulations. IU is determined when a veterans service connected disability prevents the veteran from gainful or meaningful employment. Far to many times, this issue becomes a problem usually due to bad advice, or faulty reasoning.
The best source regarding return to employment is Voc Rehab. There is in my opinon, no better place to start discussion than with your medical and mental health providers. With your medical/mental heath information in hand, seek discussion on returning to work with VocRehab.

Returning to work may or may not be the best avenue for veterans. In the case of those who are IU, it's important to be very careful. If a job doesn't work out, it can take a long time to reinstate your benefits.