TDIU & Schedular Ratings

Question:

Hey Jim, I have been TDIU P&T for over 10 years now. It is apparent my condition isn't getting too much better. I do however wish to at least try and make more money but do not want to put my benefits at risk. I understand there is a cap on what I can make but I want to have an opportunity to explore my otions and not have a limit on my income because of my disability. I was wondering if I should try and get my schedular rating inreased to 100% It just would be hard at this point in my life to take the risk to give up that much financially when I have a wife and kids to chase something that can help bring happiness and prosperity.

Jim's Reply:

In a nutshell...no, it isn't worth your trying to convert to a 100% schedular rating so you can work. You are TDIU right now...a 100% rating with all the benefits of the 100% schedular rating except you aren't allowed to work at 'gainful employment', that is employment that earns you more than the federal poverty wage.

So now you want to tell VA that the unemployability thing is a mistake and that you're able to work but would like to retain the 100% income. You probably see where I'm going.

You're one of a long line who wanted to do the same thing and in many instances, when VA saw what was being attempted, VA agreed and allowed the vet to return to work...at the original underlying rating...not 100%.

Ten years of having the rating means nothing, all the rumors about protected ratings and such are just that...rumors. 

You have earned outstanding benefits for yourself and your family, better income and health insurance and educational support than most Americans. I'd let this sleeping dog lie where he is.

 


Source URL: https://statesidelegal.org/tdiu-schedular-ratings