If you’re filing a claim to increase your VA disability rating (or applying for a VA disability rating for the first time), you may wonder if the fact that you can hold down a job will challenge the process. You worry that the VA will tell you that if you can work in spite of your physical or mental health, you shouldn’t get VA compensation.
VA disability compensation is awarded in recognition of the “disabilities, diseases, or injuries incurred or aggravated during active military service.” Ratings are based on a graduated scale. Among other things, they are designed to compensate for the inability to work in certain capacities due to your service-related physical and mental health conditions.
But just because you have a service-related disability doesn’t necessarily mean you aren’t still able to work in some capacity. You may just need to do modified work, reduce your hours, or work from home.
For some veterans, employment is neither possible nor helpful. But for others, work can fill significant needs. Mentally, employment can provide you with a sense of confidence, purpose, and achievement. It can give you social opportunities through positive relationships. It can bring you into a community.
Physically, your job can give you a reason to get your body out of bed in the morning and keep it active and agile. And financially, your income can provide needed support for your family.
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How the Military Supports Employment of Disabled Vets
The military recognizes the benefits of employment for veterans as evidenced by programs like Veteran Readiness and Employment (VR&E, formerly known as Voc Rehab). These programs help veterans with a VA disability rating of at least 10% find, qualify for, and maintain meaningful employment.
This may mean helping a veteran get the workplace modifications they need to continue in their job. It may also mean helping veterans become more employable by improving their resume and interview skills. VR&E can help veterans get training and education to start a whole new career and also open up opportunities for self-employment.
When Employment and VA Disability Ratings Don’t Mix
Because the VA recognizes the benefits of employment for disabled vets, they don’t generally consider employment a disqualifying factor for a VA disability increase. In fact, even if you have a 100 percent disability (single or combined), you are legally entitled to work, even full time, with a couple of potential exceptions. One of these exceptions is having an advanced mental health disability rating.
Mental Health Disability Rating of 70% or Higher
For mental health ratings like PTSD, depression, anxiety, mood disorders, etc., your employability is a factor in the rating system. As of the writing of this article, to get even a 70% disability rating for mental health conditions, you must show that you cannot work more than part time. To qualify for a 100% mental health disability rating, you must show that you are completely unable to sustain employment.
In other words, if you can work more than part time, you’re not a candidate for a 70% mental health disability. If you can work in any capacity, you’re not a candidate for a 100% VA disability rating for PTSD or any other mental health condition.
Total Disability Individual Unemployability (TDIU)
This is a rating for veterans who have been deemed unable to work because of their service-connected disability. Even if you don’t qualify for a 100% VA disability rating, you may still receive compensation at this level if you can qualify for TDIU. If you do qualify, you may be able to work, but under very limited conditions.
In order to qualify for TDIU, you must meet both of these requirements:
- Have at least one service-connected disability rated at 60% or more disabling, or have two or more service-connected disabilities with at least one rated at 40% or more disabling and a combined rating of 70% or more.
- Be unable to hold down a steady job that supports you financially (known as “substantially gainful employment”) because of your service-connected disability. (If you earn above the poverty line for the area where you live—as established by the Census Bureau—this would generally be considered substantially gainful employment.)
But this does not mean veterans can’t work at all. Many veterans receiving TDIU do freelance work, start home businesses, or tap into the gig economy by driving for Uber or renting out an AirBnB property. These are all options for TDIU recipients as long as they don’t exceed poverty line earnings.
Veterans with a TDIU rating can also pursue “marginal employment,” which means that they work less than part-time hours and collect less than half the average wage for a particular job. There are even some marginal employment options that allow you to earn above the poverty line if they are “protected.” These may include:
- Working in a sheltered workshop
- Working at a family business
- Working at a job that is typical for the elderly or disabled
If you are pursuing these options, you should be prepared to show evidence that you are indeed working in a protected environment (evidence might include paystubs, W2s, a note from your employer, etc.).
How Do I File for a VA Disability Increase?
VA disability ratings aren’t set in stone. You may believe that the VA underrated you to begin with. Or perhaps your service-connected condition got worse. Or maybe your service-connected disability caused you to develop another condition. (This new condition is known as a “secondary condition.” An example would be developing anxiety as a result of nagging, prolonged tinnitus.)
If one of the above conditions applies to you, you can file a claim to increase your VA disability percentage. In order to do this, you will need to:
- Get a diagnosis from a VA medical provider or a private physician.
- Establish a connection to your military service. This can be accomplished with documentation from your medical provider. They may use language such as “it is as least as likely as not” that your condition is a result of your military service.
Except in the rare cases described above, you may be able to continue working without jeopardizing your eligibility for a higher VA rating as long as you meet the other criteria for your rating increase.