TDIU and civilian retirement $$

Question:

I read a question on your page referring to Military Retirement not counting toward income when you are receiving Individual Unemployability, but what if you are getting a military retirement, Rated 90% with 10% Individual Unemployability and then had to retire from a police department because of the service connected disabilities. Will a civilian retirement count as income, since it is reported on my taxes? Thanks!

Jim's Reply:

Income earned from gainful employment is all that's counted when applying for TDIU. Gainful employment income is generally viewed as that income derived from your active work that generates more than the federal poverty level for your region. Retirement income, inheritances, winning the Lotto, real estate sales income and most other sources of income are not gainful employment,  so they don't count for a TDIU decision.