Can I work with a 100% military disability rating? And what are the implications of working with such a rating? The answers may surprise you, in part because of some misconceptions about how the term “disability” is applied to such ratings by the Department of Veterans Affairs.

Quick Answer: A veteran generally can still work while receiving VA disability but not always.

Are you getting a 100% schedular rating, or 100% unemployability (aka, TDIU or IU)? 

Veterans that receive 100% Schedular ratings have no limitation on working. More on the differences below.

What Is A VA Disability Rating?

VA disability ratings and compensation are not automatic. The Department of Veterans Affairs assigns a disability rating to servicemembers who have submitted their current conditions and medical records to the VA, for a medical review.

VA disability ratings and pay are awarded on the basis of injuries, diseases, or other medical conditions the VA has determined to be as a result of military service. It may be that certain conditions are not detected until after military service is complete; however the VA can and does make determinations in such cases regardless on a case-by-case basis.

The VA Disability Rating Percentage Scale

The disability rating and pay is on a scale of percentages. One veteran may be listed as 10% disabled, while another one is rated at 100% depending on circumstances. These percentages do not necessarily mean that a veteran is “fully disabled” in terms of real-world ability to work, perform self-care, etc. even if their ratings are quite high.

The percentage may be assigned to a single condition, or there may be smaller percentages for each multiple condition that add up to a larger VA disability percentage rating.

If one type of injury equals a 60% rating, and there is another injury that equals a 25% rating, the veteran’s total percentage of disability would be recognized by the Department of Veterans Affairs at 70% (60% + (25% * 40%).

There Are Two Types Of VA Disability Ratings

The percentage scale is only one of two types of possible VA ratings. Those percentages are known as the “schedule of rating”. The other type of disability rating possible is related to the veteran’s ability to keep and maintain a job. The “Individual Unemployability” rating measures whether or not the VA believes the veteran can find and keep a job with the rated conditions, and what percentage of work time may be lost due to related illness, treatments, etc.

Why Is A Veteran Rated At 100% Disability When They Are Not Fully Impaired In Some Way?

If a veteran who has a VA-rated condition that earns, for example, 50% disability, but said condition results in the veteran being unable to realistically function in the workplace, that veteran could be awarded 100% disability compensation on the basis of the unemployability even though the condition does not fully impair them in everyday life.

When Can I Legally Work With A 100% VA Disability Rating?

A veteran may legally work even if she or he is VA rated at 100% disability on the schedule of ratings, either as a combined percentage or as the result of a single medical issue.

However, if the veteran is listed by the VA as being 100% unable to work under the Total Disability/Individual Unemployability rating, the veteran is not permitted to have “substantial gainful employment”. This is listed in the Code of Federal Regulations, but there is no comprehensive list describing what is considered “substantial gainful employment”.

Instead, the Code of Federal Regulations defines what it does not consider to be a violation of these rules; something called “marginal employment”. This is defined as follows:

…marginal employment generally shall be deemed to exist when a veteran’s earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person.

There’s more. So-called marginal employment may also include (but may not be limited to) “employment in a protected environment such as a family business or sheltered workshop…when earned annual income exceeds the poverty threshold.”

To Summarize:

• 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.
• Receiving the Individual Unemployability benefit which designates you as 100% “unemployable” means you cannot work a job deemed “substantial gainful employment” that elevates your income above the “official” Census Bureau’s definition of the poverty line.
• In reference to Individual Unemployability, it does not matter how much or how little you work-the measure of “gainful employment” here is whether or not your earnings rise above the poverty threshold as determined by the government.
• If you’re still not certain of your individual circumstances it may be best to consult with a lawyer.

Bonus Questions

Can a veteran receive both VA and Social Security benefits?

Yes! A veteran can receive both VA service-connected disability benefits and Social Security benefits. However, it is important to note that receipt of one does not guarantee receipt of the other. A veteran generally cannot receive both a VA pension and Social Security at the same time.

Can you get over a 100% VA Disability Rating?

No, by law you cannot have more than a 100% rating but also because the VA states “a person can’t be more than 100% able-bodied.”

Joe Wallace is a 13-year veteran of the United States Air Force and a former reporter for Air Force Television News

AAFES, NEX, MCX and CGX online military exchanges are open to veterans. In years past, only currently serving military members and their families, and eligible military retirees could shop at exchange stores. The Exchanges operate department stores at U.S. military installations all over the world. These stores feature tax-free shopping, discounted goods, even a store credit card known as the Military Star Card.

Expanded Commissary & Exchange Privileges for Veterans: All service-connected Veterans, Purple Heart recipients, former prisoners of war (POW), and individuals designated as the primary family caregivers of eligible Veterans under can present their VHIC to gain entry to DoD and Coast Guard installations and some commissary stores; and at point of sale at commissaries, exchanges and MWR retail activities to complete their transactions.

Which Veterans Qualify for Online Exchange Access?

All honorably discharged veterans, including Reserves, are eligible to register online and shop at the online exchanges the same way customers shop Amazon. The benefit does not include family members.

How Do Veterans Obtain Online Privileges?

The first step is check your eligibility. Go to VetVerify.org and submit your verification form today. Applicants are required to submit verification of their military service, but it’s a very simple process. You’ll be asked to provide your full name, last four digits of your Social Security Number, date of birth, and a contact email.

Successful applicants are taken to a “Thank You!” page which includes notification of when veterans can start using this benefit. Spouse and dependents of veterans are not eligible however this probably won’t stop many from using the credentials of an authorized veteran to make purchases online.

What Exchanges Can a Veteran Shop?

Authorized veterans can shop the four (AAFES, NEXCOM, MCX and CGX) military exchanges: shopmyexchange.com, mynavyexchange.com and ShopCGX.com. Additionally, veterans can shop across all online exchange offerings regardless of their branch of service.

Benefits of Signing Up for Online Shopping

What You Can Purchase

As with any “big box” department store, there is a variety of shopping options from clothes, toys and games to laptop computers and home stereo systems. But for some shoppers, one of the best features of AAFES online shopping is retaining access to the “Military” section.

It is true that many veterans won’t have any use for updated/upgraded BDUs or dress uniforms. But AAFES pricing and shopping choices for Leatherman multi-tools, boots, cold weather gear, and military-themed gifts definitely have an appeal for many. Veterans should know they will retain their ability to shop for these things and more.

Online shopping privileges exclude the purchase of uniforms, alcohol and tobacco products.

Joe Wallace is a 13-year veteran of the United States Air Force and a former reporter for Air Force Television News.

The Department of Veterans Affairs provides health care and veteran outreach services for LGBT veterans, and has specific policies for helping LGBT troops in their journey from military life to the civilian world.

Healthcare for LGBT “and related identities” as described on the VA official site include hormone treatment, substance counseling, relationship counseling, plus transition care.

The Department of Veterans Affairs does not fund or perform gender confirmation surgery, but does provide pre-op and post-op care, and even long-term care for those recovering from gender confirmation surgery.

Veterans who need LGBT services, whether from the VA or any other facility, have been needlessly stigmatized in the past. The Department of Veterans Affairs has a stated policy of inclusion, and LGBT veterans do not need to worry that they will lose or compromise their VA benefits by discussing LGBT health care issues openly with VA staff, contractors, or care providers.

What Is LGBT And LGBTQ?

These two acronyms stand for Lesbian, Gay, Bisexual, and Transgender (LGBT), and Lesbian, Gay, Bisexual, Transexual, and Queer (LGBTQ). In the past these two acronyms have been used more or less interchangeably in the vernacular but at the time of this writing the acronym LGBT seems to be the more common term, at least in VA literature and policy toward the LGBT community.

Why Does VA Policy Toward LGBT Troops Matter?

For the majority of the history of the United States Military from the first days of the American Revolution and the Continental Army to the creation of U.S. Space Command, LGBT service members have served in uniform, but were not permitted to serve openly.

Most LGBT troops prior to the end of restrictive enlistment policies aimed at LGBT recruits had to pretend to be heterosexual, asexual, or otherwise conforming to the restrictive policies enforced against the LGBT community interested in serving in the Armed Forces.

LGBT service members were, until the end of what many term as the military’s “gay ban,” subject to non-judicial punishment, reduction in rank, forfeiture of pay, court-marital, and involuntary punitive military discharges for what the Defense Department once-upon-a-time labeled “homosexual conduct”, punishable under the Uniform Code of Military Justice.

The End Of The “Gay Ban”

The end of the Department of Defense prohibition on LGBT troops serving openly did not come quickly nor easily, and there are still pressing matters at the time of this writing that require addressing as transgender Americans are still discriminated against when it comes to enlisting and joining the Army, Navy, Air Force, Coast Guard, or Marine Corps.

Why The End Of The Military Gay Ban Matters To All Americans

Ask any DoD leader, unit commander, or even troops in the field – the U.S. military is made up of a cross-section of America. The troops serving today are intended to be a representation of the entire country. This concept has been discussed at high levels across the Department of Defense even at times when the LGBT ban was in full effect.

The obvious hypocrisy of operating a fighting force meant to represent all aspects of American society while excluding a significant group IN that society is unsustainable in pursuit of an all-volunteer military. Fortunately, some at the highest levels of decision-making in the Defense Department have recognized this and have made it possible to make strides so that all may serve who are physically and mentally capable of doing so.

Should The Military Exclude LGBT Troops?

In the interest of a fair discussion about whether LGBT troops should be permitted to serve and serve openly, it’s important to know what Defense Department officials think about the current state of military readiness and the future of American readiness.

In 2019, A Defense Department report includes the following quote about the military’s ability to recruit, retain, and effectively deploy troops to answer the call of today’s military missions:

“Today, a widening military-civilian divide increasingly impacts our ability to effectively recruit and sustain the force,” the report states.

This DoD report, issued in May 2019, adds,  “This disconnect is characterized by misperceptions, a lack of knowledge and an inability to identify with those who serve. It threatens our ability to recruit the number of quality youth with the needed skill sets to maintain our advantage over any near-peer competitor.”

In light of those statements alone, it seems clear that the United States military can’t afford to exclude anyone who physically and mentally qualifies for military service regardless of their orientation or identity.

Baby Steps Toward Open Service For All 

In 1993, President Bill Clinton signed a law known as “Don’t Ask, Don’t Tell” which was intended as a compromise between permitting LGBT troops to enlist openly and addressing the socially conservative concerns of certain aspects of DoD leadership at the time.

Don’t Ask, Don’t Tell allowed LGBT troops to serve as long as they did not reveal their sexual orientation, gender identity, or other identifying aspects of their sexuality or identity. This policy relieved some pressure on certain troops. It also created pressure in other areas.

Don’t Ask Don’t Tell was blamed by some for enabling certain discriminatory practices specifically related to gender and sexuality but also for creating situations where frivolous complaints of Don’t Ask Don’t Tell (often associated with accusing someone of violating the policy who is not actually a member of the LGBT community) were taken seriously.

Federal courts declared the military’s ban on LGBT troops serving openly to be unconstitutional. Don’t Ask, Don’t Tell was formally suspended in 2011. President Barack Obama signed legislation called the Don’t Ask, Don’t Tell Repeal Act of 2010. The provisions of this act ended restrictions on service by gay, lesbian, and bisexual personnel.

VA Policy Toward Members of The LGBTQ Community

Make no mistake, VA policy for all services (including health care related to LGBTQ-specific medical issues) is (and we paraphrase here) that any veteran who qualifies for care through their military service is entitled to use VA benefits regardless of their orientation or identification with what the VA describes as a “sexual minority.”

“As a health care institution,” the VA official site states, “we need to work to make sure that Veterans with LGBT and related identities know that they are welcome at VA.”

VA Health Care Services For LGBT Veterans

The VA official sites says there is assistance available at every VA facility to help LGBT veterans get the information, services, and care they need. You can get started by searching a collection of VA websites with LGBT resources broken down by state.

Some states have multiple VA LGBT resources, while others may have fewer resources, but since 2016 “each VA facility” has a local LGBT Veteran Care Coordinator, or VCC, who is in charge of “promoting best practices for serving LGBT Veterans and connecting LGBT Veterans to services.”

LGBT VA Health Care Services And Policy

As mentioned above, VA care for the LGBT veteran community includes pre-op and post-op care.

But VA services cannot be used for gender confirmation surgery or any variant it may be known by include “gender reassignment”(an older term that may not be in common use at the time of this writing), “sex reassignment”, “sex change surgery,” or any other surgical procedures that meet the definition.

LGBT veterans can apply for VA care including services that are unique to these communities as well as more generalized care and services. VA LGBT care includes:

• Hormone treatment
• Substance use/alcohol treatment
• Tobacco use treatment
• Prevention and care for sexually transmitted infections/PrEP
• Intimate partner violence reduction
• Counseling and treatment of after effects of partner violence
• Cardio health
• Cancer screening
• Cancer prevention
• Cancer treatment

VA Care For Transgender Veterans

Transgender veterans are entitled to all of the services mentioned above, but there are VA fact sheets specific for both trans men and trans women that remind these veterans that they are not required to hide their identity, pretend it does not exist, or pretend to be any gender other than what the veteran identifies as.

VA fact sheets include a reminder that VA care providers have “been trained to keep your conversations confidential” which means that those who seek transition help or related care do NOT have to publicly identify as transgender in order to get counseling, care, advice, treatment, etc.

The VA allows transgender veterans to request that their status as a transgender veteran remain undocumented in the medical record, “although medically necessary information must be included in your medical record (such as a medical diagnosis).”

All of the care listed above is available to trans veterans: heart health, relationship wellness, cancer prevention, and hormone therapy are all listed as options for LGBT patients, but it cannot be emphasized enough that an important part of getting VA care as a trans veteran includes locating a primary care provider and specialists you are comfortable discussing these medical care issues with.

Joe Wallace is a 13-year veteran of the United States Air Force and a former reporter for Air Force Television News