Can I work with 100% VA Disability? | VA Disability Help
All veterans are able to receive VA Disability Compensation. The VA assigns disability ratings to veterans with service-connected conditions. All ratings given by the VA are based off of the severity of the Veterans conditions and how it impairs them on a day to day basis. VA disability ratings range from 0 to 100 percent. Veterans with multiple service-connected conditions have the ability to combine them for a higher overall rating. A combined disability rating is given by the VA. The amount of compensation given to the veteran will be determined by their overall disability rating. In this article we will discuss whether or not a veteran can work with 100% VA Disability.
Before answering the question “Can I work with 100% VA Disability?” it is important to understand the following questions:
- How does the VA Rate Disabilities and how do they Combine VA Ratings?
- What is 100% Schedular Disability Rating?
- What is Total Disability Based on Individual Unemployability (TDIU)?
- What is Permanent and Total (P&T) Disability
How Does the VA Rate Disabilities and Combine VA Ratings?
Veterans who sustained an injury, illness, or condition as a result of their Active Duty Service are assigned a Disability Rating by the VA. Depending on how severe the Veteran’s condition is and how it affects their daily life and ability to earn will largely determine the overall rating. Once a VA Disability Claim is filed for a Service Connected Disability, the VA will either Approve or Deny the Veterans Claim based off of the medical evidence provided. If the Veterans Claim is approved by the VA, a rating will be granted based on the severity of the Service-Connected condition. This rating can range from 0 to 100% depending on the condition. All VA Disability Ratings are assigned at 10 percent increments.
Veterans with multiple Service-Connected conditions can add these together for a higher overall rating. The thing to keep in mind is that the VA does not add them together using tradition math, but instead by using “VA Math“. This math is tricky and difficult to understand, but lets give it a shot! The VA assumes that all Veterans are 100% non-disabled. If that Veteran then has a Disability that is granted a 30% Rating, the VA then see’s that Veteran as 70% non-disabled and 30% disabled. If that same Veteran is then awarded another 20% rating for another Service-connected condition the VA will then take that 20% rating and add it to the existing 30% Disabled portion. This will continue on with each rating that is given.
As stated earlier, ratings will range from 0 to 100% and are assigned at 10% increments. The amount of compensation a Veteran will receive for each rating percentage will depend on their overall percentage. These numbers are broken down in the VA Disability Pay Chart.
What is a 100% Schedular Disability Rating?
The two paths to receive a 100% Schedular Disability Rating are as follows:
- You have a single, service-connected disability rated at 100%, or;
- You have more than one such disability, with a combined rating of 100%.
Keep in mind that a Veteran who receives a 100% Schedular rating can still work. There are no restrictions on work activity with a 100% combined disability rating, thus allowing you the ability to still work.
What is Total Disability Based on Individual Unemployability (TDIU)?
Total Disability Based on Individual Unemployability (TDIU) is for Veterans who’s Service Connected Disability is so severe that they are unable to work. TDIU is another route a Veteran can take to get to a 100% VA Disability Rating even if their combined Schedular Rating does not equal 100%. In certain situations, this is often the easier path a Veteran can take to get a 100% Disability Rating if their situation supports it.
What is the Difference between “Substantially Gainful Employment” and “Marginal Employment”?
- Substantially Gainful Employment – Your annual income meets or exceeds the federal poverty threshold for a single person.
- Marginal Employment – A job that results in an annual income less than the federal poverty threshold
Since the VA does not consider “marginal employment” to be substantially gainful employment, Veterans in this situation are eligible for TDIU.
The following is exact verbage used by the VA:
“You may be eligible for [Individual Unemployability] disability benefits if you meet both of these requirements. Both of these must be true:
- “You have at least 1 service-connected disability rated at 60% or more disabling, or 2 or more service-connected disabilities—with at least 1 rated at 40% or more disabling and a combined rating of 70% or more—and
- “You can’t hold down a steady job that supports you financially (known as substantially gainful employment) because of your service-connected disability. Odd jobs (marginal employment) don’t count.”
For a more detailed look at the VA’s TDIU regulations these can be found in the 38 CFR § 4.16, subsections (a) and (b).
Under 38 CFR § 4.16(a), to qualify for TDIU, or schedular TDIU, a veteran must have:
- One service-connected condition rated at 60 percent or higher; or
- Two or more service-connected conditions, one of which is rated at 40 percent or higher, with a combined disability rating of 70 percent or higher.
What is Permanent and Total (P&T) Disability?
Veterans rated with a 100% Permanent and Total VA disability rating face zero restrictions on work activity, unless the veteran is 100% through Total Disability based on Individual Unemployability (TDIU). Veterans who are 100% schedular permanent and total ratings are protected from being reduced. Generally, receiving permanent and total rating will be based solely on the severity of the Veterans disabilities and their likelihood of improvement.
Permanent and Total (P&T) status is awarded by the VA. The main benefit to P&T status is that the Veteran is no longer subject to routine examinations for that specific disability because the VA has already deemed that condition unable to improve. This condition will be protected from any further reductions for the remainder of the Veterans life.
Thanks for stopping by!
Semper Fidelis,
Tony
Sergeant (Marine Corps Veteran)
For The Corps
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