100% Schedular

Question:

Thanks for your Service. I'm a Marine Viet-Vet rated at 100% T&P since Dec., 2016. May I get a part-time job without jeopardizing my rating? And since I must convince my wife that I am not risking a thing, can you point me to official documentation that clarifies this? Thanks.

 

Jim's Reply:

There isn't a single piece of official documentation that states that as clearly as you want it said. These are often incredibly complex rulings and trying to understand how one piece of legislation, rules or regulations affect others is a science.

The answer to your question is yes. You may work as you please and not put your rating in any danger.

If you are 100% permanently and totally rated by The Schedule For Rating Disabilities, (a 100% schedular rating) then you are allowed to work as you are able to and you can generate any income without limits.

If you are rated as 100% permanently and totally disabled because of Total Disability Individual Unemployability or TDIU, you are not allowed to work at 'gainful employment' or employment that earns more than the federal poverty income limits.

If you'd like to do some research, follow these links below.

https://www.law.cornell.edu/cfr/text/38/4.16

http://www.benefits.va.gov/WARMS/docs/admin21/m21_1/mr/part4/subptii/ch02/M21-1IV_ii_2_SecF.docx

https://www.federalregister.gov/documents/2017/12/08/2017-26523/extra-schedular-evaluations-for-individual-disabilities

https://www.va.gov/disability/eligibility/special-claims/unemployability/

 

 

 


Source URL: https://statesidelegal.org/100-schedular