70% disability rating upgraded to TDIU

Question:

My son had a 70% disability rating. Today it magically got upgraded to IU. He didn't really want it to go there and does't really know how it did. He has own small landscaping business but doesn't earn a lot. How much can he work with an IU rating? Also if he wants can he go back to his 70% rating so he can expand his business or find other work, can he? Thanks you so much.

Jim's Reply:

There are times that VA will see evidence that compels them to recognize potential eligibility for a particular rating and they will then adjudicate it even without input from or notice to the veteran. Often enough this may come from a clinical note made by a provider about adjustment difficulties. I'll assume that happened with your son's claim and here we are.

He's allowed to work and earn up to the federal poverty level for his region. If he's incorporated his business and is paying timely taxes and so on, VA will monitor his earnings (the amount he pays himself as a salary) over time and if he exceeds the limits, he'll be notified. If that were to happen he may be allowed to continue working for a while to see if it's working out or VA may propose to reduce his rating.

In any case, I'd suggest he do nothing today but use the benefit he earned as he recovers. If he is able to forge ahead and earn a good living, great...eventually the TDIU will be appropriately lowered. If he stumbles or has a problem in the next year or two, he already has his safety net just in case.

 


Source URL: https://statesidelegal.org/70-disability-rating-upgraded-tdiu