Va Unemployability Can I Still Work
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Va unemployability can i still work. However their disability prevents them from finding or keeping jobs that would provide enough income to support their basic needs. First it means that VA law does allow for some veterans who work to also receive VA unemployability benefits at the same time depending on the circumstances. If a veteran is working but their income does not exceed the federal poverty threshold for one person they can still be considered for TDIU. The terms Unemployability and Unemployed look and sound alike many veterans assume that cannot work to get TDIU.
This means you may be able to get disability compensation or benefits at the same level as a Veteran who has a 100 disability rating. So there you have it the 2 ways that Veteran can earn an income while receiving VA TDIU benefits and stay within the VA unemployability income limits. Symptoms from limited activity like this could make it very difficult to work. As a general rule VA is required to assume that a veteran is seeking the highest possible rating for their service-connected condition to include entitlement to individual unemployability.
One of the most common questions asked is If I apply for Individual Unemployability am I still able to work Although there isnt a concrete answer to that question lets focus on the VAs choice of words. For one thing the VA cannot simply speculate that a disabled veteran is physically capable of performing sedentary work without some medical evidence to justify this conclusion. Amount You Can Earn VA will grant TDIU to a veteran that works if the employment is considered marginal 38 CFR. Many veterans receiving unemployability benefits and disability compensation still do odd jobs or work on an occasional basis.
If you cant work because of a disability related to your service in the military a service-connected disability you may qualify for whats called Individual Unemployability This means you may be able to get disability compensation or benefits at the same level as a Veteran who has a 100 disability rating. In addition sedentary work has a particular legal meaning. This is a common misconception. VA Individual Unemployability if you cant work.
For example if you are only able to work 8 hours per week at a restaurant and your earnings are below the poverty level your employment may qualify as marginal. When the employment is marginal and when the employment is sheltered. Individual Unemployability can be filed as a supplementary claim for your service-connected disabilities if those disabilities prevent you from securing and maintaining substantially gainful employment. If you cant work because of a disability related to your service in the military a service-connected disability you may qualify for whats called Individual Unemployability.
Some time later your condition worsens and you apply for an increase and get schedular 100. However if the veteran is listed by the VA as being 100 unable to work under the Total DisabilityIndividual Unemployability rating the veteran is not permitted to have substantial gainful employment. This means if a veteran is seeking an increased rating for a service-connected condition and there is evidence suggesting that they cannot work due to that condition VA is supposed to consider entitlement to TDIU as a reasonably raised issue. Because of the standards required to get a 60 percent heart rating veterans with a 60 percent heart rating should strongly consider TDIU if they cannot keep a job.
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. While not all jobs require physical exertion many do.