Can a Veteran Work While Receiving VA Disability?
Yes, in most cases, a veteran can work without losing any of their VA disability benefits. This is because VA disability ratings are based on the veteran’s medical condition, not on their ability to work. However, one exception is TDIU claims. VA grants TDIU, or Total Disability based on Individual Unemployability, only when veterans are unable to earn meaningful income; therefore, it is possible for employment to lead to loss of TDIU status.
Working Usually Does Not Change a Veteran’s Schedular Rating and VA Benefits
In general, having work income does not affect a schedular disability rating. For example, if VA determines that a veteran has a service-connected disability and assigns a schedular rating of 50 percent, the veteran can continue earning income (even full-time work) without risking the rating. This is still true even if the veteran is or is not rated “permanent” or “total.”
One situation that can cause confusion is when the rating schedule for a disability seems to be based on the ability to work. For example, some of the rating criteria for PTSD mention “occupational impairment.” If a PTSD rating is based explicitly on that criteria, it may seem possible that VA could lower that rating at a later date if a reexamination turns up evidence that the veteran’s ability to work has improved. However, practically speaking, ratings are usually based on a variety of medical and lay evidence, and it is extremely uncommon for a schedular rating to be affected solely by evidence of ability to work.
Exception: Veteran Can Lose TDIU Status if Employed
There is one important exception to a veteran being able to work and still receive disability compensation: Total Disability Based on Individual Unemployability, or TDIU. TDIU is a unique benefit which recognizes that even veterans with ratings less than 100 percent may still be unable to support themselves. Unlike schedular ratings, a veteran qualifies for TDIU by demonstrating that they are unable to maintain substantially gainful employment due to their service-connected disabilities.
As a result of this unique requirement, a veteran could lose or be denied TDIU status if VA discovers that the veteran is earning income above a certain level. There are exceptions for “marginal employment.” Learn more in the next section.
Marginal Employment: How Much Can a Veteran Work with TDIU Status?
A veteran may still be eligible to claim or keep TDIU status while working if the veteran can establish that they only have marginal employment. For employment to be considered marginal, a veteran must prove:
- The veteran’s total income is below the federal poverty line; OR
- The veteran’s employment is in a protected work environment (e.g., the veteran works at a company that gives them special accommodation, such as being able to work whatever hours they want)
Marginal employment can be difficult to prove as VA has some specific requirements but also a significant amount of leeway, leading to results that can vary case by case. Hiring a VA-accredited advocate is highly advised. CCK Law has decades of experience successfully handling TDIU claims. If you are interested in applying for TDIU or have received notice from VA that it needs you to prove your income is marginal, consider contacting our firm immediately.
Still Have Questions? Contact Chisholm Chisholm & Kilpatrick
If VA denied your application for benefits, or it has proposed to stop or reduce your benefits, call Chisholm Chisholm & Kilpatrick. We may be able to help you appeal your denial. We offer free consultations to determine if our veteran law practice can assist you with your VA disability case. Note that appeals can be highly time-sensitive.
Call 800-544-9144 today for a free consultation.
