TDIU

Question:

Hi Jim, I corresponded with you six years ago with some questions about my 100% IU. Very helpful but I have another question or two. I know that IU is designed to help those individuals who are not able to maintain a livable income due to their service connected disability/disabilities my question is this. Can I work and earn any dollar amount. I can only find that earnings cannot exceed the marginal income test but I cannot find a definition for marginal income. In addition, is rental income considered "earned income" and must be reported as such? There is just my wife and I she being age 66 and me age 78. Thanks Jim, you have made a great impact on many Vets and their families and it is not go unnoticed.

Jim's Reply:

VA tells us that marginal income is defined as that which doesn't exceed the federal income poverty level for the region where you live.  VA doesn't rely so much on "earned income" as "income earned through gainful employment". Gainful employment is that which will provide you an income greater than the federal poverty level for your region. Only income from gainful employment is counted. You can win the Lotto or inherit your fortune from poor old Aunt Tillie and it doesn't count.  You don't have to report anything to VA, they'll cross check your tax returns to see what you've been up to. Rental income won't ordinarily be classed as gainful employment unless you're running a business