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 25% rating, and there is another injury that equals a 50% rating, the veteran’s total percentage of disability would be recognized by the Department of Veterans Affairs at 75%.

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 Question: 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.

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

It can be tricky to answer the question, “Which are the best states for military benefits?” because the answer depends greatly on your priorities and preferences. Do you need access to a range of medical treatment options? Are you planning on buying a home and want to know where the best housing markets are? Is education your priority?

That said, there are several states that offer more for veterans by the virtue of being home to a multitude of bases or installations. The variety of options open to a veteran in these states will likely be more appealing than areas with fewer options.

California

A 2016 survey published by Governing(dot)com lists California as having the highest number of currently serving military personnel, both active duty and guard/reserve. California is also home to a large number of military installations, which means those who are eligible for on-base care, commissary or AAFES access have a great many options.

California offers some unique education incentives for veterans including tuition waivers for state-run schools. California has a high number of VA healthcare facilities, second only to New York and Wyoming according to a survey published by WalletHub.

Texas

The Lone Star State also has a high number of military installations and a high number of military residents. But the benefits of living in Texas don’t just include proximity to VA health care centers, base exchanges, and on-base job opportunities. The State of Texas has a program called the Veterans Land Board (VLB), which the VLB official site describes as, “…the only one of its kind in the nation, giving Texas Veterans the opportunity to borrow up to $150,000 to purchase land at competitive interest rates while typically requiring a minimum 5% down payment for tracts one acre or more.”

This state also has multiple veteran retirement facilities, and thanks to legislation known as the Hazelwood Act, the state offers 150 hours of free higher education benefits in the form of tuition exemption at public colleges and universities in the state for those who list Texas as their home of record and/or who entered military service in the state.

Colorado

The State of Colorado offers some outstanding incentives for veterans including a 10-point hiring preference for state jobs offered to veterans receiving VA compensation for service-connected disabilities and career assistance to all veterans. There is a generous property tax benefit for qualifying disabled veterans, and a military retirement pay income tax break allowing retirees to exclude as much as $24 thousand in any year at tax time.

While the state offers certain education benefits to qualifying disabled veterans and has flexible requirements for military members who want to qualify for in-state tuition rates, Colorado doesn’t offer the same tuition exemption programs as the State of California. However, for those who plan to use the GI Bill in Colorado, the large number of public universities offers veterans plenty of options for a GI Bill-funded education.

Other States

Depending on your priorities, other states have much to offer. New York is ranked among the highest for the number of VA health care facilities available, Iowa ranks highly for the number of job opportunities for vets, and Florida is another state with a high number of military bases, a very large veteran community, and a diverse range of VA health services.

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

This Veterans Day AAFES and all online military exchanges will now be open to veterans. In years past, only currently serving military members and their families, and eligible military retirees could shop at AAFES stores. But AAFES adapts and changes with the times in a similar fashion to the military itself.

The Army/Air Force Exchange Service (AAFES) operates 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.

Did you know that all honorably discharged veterans are eligible to register online and shop at AAFES the same way customers shop Amazon?

Veterans Can Sign Up To Shop Online At AAFES

The first thing honorably discharged veterans must do to register is to establish AAFES shopping eligibility via VetVerify.org. 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.

Benefits Of Signing Up

Once a veteran is eligible to begin shopping online at AAFES stores, the perks include free stateside shipping on orders of $49 or more, tax-free shopping, and the option to sign up for a Military Star credit card.

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.

Navy Vets Get Access Too

It’s true that the first three letters in the AAFES acronym stand for “Army” and “Air Force”, but Navy Exchange online shopping sites are also open to veterans who qualify.

Military STAR Card

At this time the Military STAR card will not be made available to veterans with the exception of retired military personnel.

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