Yes, in most cases, a veteran can work while receiving VA disability. However, as always, there are exceptions.
When Would a Veteran Not Be Able to Work While Receiving Disability?
If a veteran is receiving a schedular disability rating for a service-connected condition(s), he or she can continue working. This is true even if the veteran works full-time.
However, there is one important exception to a veteran being able to work and receive disability compensation. This exception applies to veterans who receive Total Disability Based on Individual Unemployability, or TDIU.
Because approval for this program requires you to demonstrate that you are unable to maintain substantially gainful employment due to your service-connected disability, working can make you ineligible. You can lose your TDIU benefits if the VA discovers that you are maintaining substantially gainful employment.
It is important to note that no two situations are the same, and moreover, the VA’s rules often feature exceptions and caveats that apply to unique situations.
Do not let an honest misunderstanding of the rules put your disability benefits at risk. We can examine your case and determine whether we might be able to help you obtain the benefits you and your family need. Consultations are always free.
Can a Veteran Work While Applying for VA Disability?
The only time working during the application period might prove problematic is if the veteran is applying for TDIU (as you are applying under the assumption you cannot work).
If a veteran can establish marginal employment, he or she may still be eligible for TDIU benefits. For employment to be considered marginal, you must prove:
- Your wages are below the poverty line.
- Your employment is sheltered, e.g., you work at a friend’s company or at a company that provides “rehabilitation services, day treatment, training, and/or employment opportunities to individuals with disabilities.”
This can be difficult to prove as the VA is very specific about what constitutes marginal employment. However, our team has decades of experience successfully handling TDIU claims.
Still Have Questions? The Legal Team at Chisholm Chisholm & Kilpatrick LTD Can Help.
If the VA denied your application for benefits or proposed to stop or reduce your benefits, call Chisholm Chisholm & Kilpatrick LTD. We may be able to help you appeal your denial. We offer free consultations to determine if we can assist you with your VA disability case.
Call 800-544-9144 today for a free consultation.
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