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Q513: I have a very fortunate situation I need feedback about. I am 100% service-connected. I have been 100% for 15 years. Last week, the city of Los Angeles offered me a job that will accommodate all of my disabilities. I get to set my own schedule and they will allow me to make all of my VA appointments, and the days that I can’t make it in the office they will allow me to work from home. The position pays a shade over $145,000 with all benefits. If I take this job will I lose my 100% rating? If I take the job do I report it to the VA? I know the VA will let me work at 100%, but I don’t know the stipulations. If you were me what would you do? Feedback wanted badly!
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A1: I suggest you check with a knowledgeable person with the VA or your VSO. What ever you are told be sure you get the section of the VA guidelines that support what you are told. Good Luck. (DB) 9/2/20
A2: Contact an Accredited VSO with the DAV, Am Legion, VFW, Am Vets or another Vets Svc Organization. They can answer all of your questions. (GH) 9/2/20
A3: So losing your 100% upon your gaining of gainful employment. If you happen to have a 100% schedular rating where all your disability equal 100% then the chances of you losing your 100% rating are substantially much lower. If your 100% rating is awarded based on TDIU unemployability which means you have a rating of over 60% but the disability does not allow you to work therefore the Department of Veterans Affairs awarding a 100% TDIU, then once you start working you will lose that 100% rating and go down to your original rating of 60% or more. I can give you a perfect example. I am 100% total and permanent based on a Schedular rating. So i can work and make as much money as I can make without losing my 100% rating. If you are 100% TDIU them more than likely you will lose your 100% rating. 100% Schedular less likely. (JD) 9/2/20
A4: Veterans with "schedule of ratings" disability percentages may legally have "substantial gainful employment" even if they are rated at 100% disabled UNLESS they receive Total Disability/Individual Unemployability compensation.
Read more: https://militarybenefits.info/can-i-work-with-a-100-military-disability-rating/#ixzz6WtnJrsCZ (EH) 9/2/20
A5: If you were rated 100% you can work and still collect your VA check. If you chose to file for Individual Unemployability and you are being paid at the 100% rate, this job would disqualify you from drawing the 100% rate. You would still be paid at whatever rate you were rated at when you filed for IU. Regardless, $145,000 is much more than the VA will ever pay you. (RJ) 9/2/20
A6: Contacy the VA it self. Be very careful with yiur decision especially the offer from the city of L.A. and the political situation out there. good luck. (AJ) 9/2/20
A7: No you don't have to report to the VA, if you did it wouldn't make any difference if you are a legit 100%. Now is you are drawing 100% because they deemed you unemployable they will take it away from you. That's only fair. My 100% is from VietNam wounds but I made 1.9 million in 1981 and it doesn't make any difference. Anyway you are extremely blessed to be in your situation. (RF) 9/2/20
A8: The one thing you did not disclose is your age. Because I would first try to figure if you are in a protected status and age can be a factor. I think you are close to being safe but you would want to be sure. I would ask around, But, I do not believe you have to report to anyone. (MK) 9/3/20