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One of the most common questions veterans have after receiving VA disability compensation is whether they can still work. The answer isn’t always straightforward—it depends on the type of disability rating you’ve been assigned and whether you’re receiving benefits under a special status like Total Disability Based on Individual Unemployability (TDIU). While many veterans continue to work full- or part-time while receiving VA benefits, others may risk losing compensation if their employment crosses certain thresholds.
Our VA disability lawyer can help you understand the rules that are essential to avoid problems that can quickly interfere with your benefits. By understanding your rights and obligations, you can move forward with a clear picture of your ability to earn additional income outside of your disability benefits.
The Basics of VA Disability Compensation
VA disability compensation is a tax-free monthly payment provided to veterans who have medical conditions or injuries that are connected to their military service. The amount you could potentially recover depends on the severity of your service-connected condition. Disabilities are rated by the VA, which can range from 0% to 100% in increments of 10%. Higher ratings receive higher monthly compensation.
Unlike other types of government assistance, VA disability compensation is not income-based. That means your ability to work—or how much you earn—does not automatically disqualify you from receiving benefits. A veteran with a 10%, 50%, or even a 100% schedular rating may still hold a job, depending on their personal capacity and the nature of their service-connected limitations.
However, not all disability benefits are treated the same when it comes to employment. Some veterans receive benefits under special programs, such as Total Disability Based on Individual Unemployability (TDIU), which does place limits on the ability to work. Understanding your rating type is the first step in determining what kind of employment is permitted and what factors may affect your eligibility.
No Income Restrictions on Schedular Ratings
For most people on VA disability, their power to earn a living is not impacted by the fact that they earn benefits through the government. This is true regardless of the rating the VA has given your disabling condition. For example, you could work a full-time job and earn a living even if you have received a 100 percent rating for a disability, making you fully disabled.
This is possible because there are no income limits tied to most VA benefits. This is true even if you are considered permanently and totally disabled. Some of the factors that can lead to a 100 percent VA disability rating include the following:
· Being permanently bedridden
· Total and irreversible blindness
· Loss of limbs
· Paralysis
· Severe burns
At the end of the day, these benefits are based on the severity of your condition, not your income. The government recognizes that some veterans choose to work despite their health issues, and it is no secret that many businesses actively seek out veterans to hire due to what they can offer.
Understanding TDIU and Employment Limits
TDIU is a special designation that allows veterans to receive disability compensation at the 100% rate, even if their combined rating is less than 100%. It’s intended for veterans whose service-connected conditions prevent them from holding substantially gainful employment. In other words, a steady job that pays above the poverty line.
Unlike veterans with a schedular 100% rating, those receiving TDIU must follow specific rules when it comes to earning a living. The VA defines substantially gainful employment as any full-time (or equivalent) job that provides more than a marginal income. Marginal employment—such as working part-time in a protected work environment or earning below the federal poverty threshold—may be permitted, but even this must be carefully documented and reported.
Working while receiving TDIU benefits can lead the VA to reexamine your eligibility. If it appears you’re capable of maintaining regular, well-paying employment, the VA may revoke your TDIU status. As such, TDIU is for people who legitimately cannot engage in gainful employment and can only engage in marginal employment..
If your service connected conditions have improved to the point you’re considering returning to work while receiving TDIU, it’s important to speak with a qualified VA representative or benefits advisor first. The rules are strict, and it is important that you follow the rules. Understanding the difference between marginal and gainful employment is key to protecting your benefits and making informed decisions. Let a VA disability lawyer help you understand your options.
What is a Protected Work Environment?
Another potential exception that could allow you to work while receiving TDIU benefits is if you are in a protected work environment. If a veteran can show they are employed in a protected work environment, it can be considered evidence that their employment is marginal, regardless of their earnings. This usually involves being excused from key aspects of their role due to their disability, or when employers make extensive allowances based on a veteran’s disabling condition.
A work environment can also be considered protected if a veteran receives accommodations for behavioral issues linked to their disability. For example, this might include employers who do not punish workers for mistakes or behavioral issues that arise on the job. The VA looks at many factors when evaluating the existence of a protected work environment, and it is important to speak with a veterans’ benefits lawyer for legal guidance.
Reach Out to a VA Disability Lawyer at Gang & Associates Today
Questions about your right to work only become relevant after you receive disability benefits through the VA. If your claim is denied or undervalued, your first step is to lodge an appeal with the help of a VA disability lawyer.The team at Gang & Associates is here to help. We have extensive experience navigating the appeals process, and we look forward to putting our experience to work on your behalf. Contact us right away for a private consultation.