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Old 03-28-2005, 07:37 PM
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Join Date: Aug 2001
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Default VA regs concerning employment and rated 100% with unemployability

Some time ago this subject came up. I got the impression then that you could not work at all if rated this way. I found this information at this site. It was posted 2 years ago.

( I am sure the VA sends a file to the IRS with all 100% disabled vets classified as unemployable to see if they are earning above the threshold. How long it would take to make a match and then notify those folks is anybody guess... )

< there is much more info there about this subject >


This is the regulation relating to Individual Unemployability. Pay close attention to the part I have highlighted, especially if you are thinking about trying to hold down a part time job. Veterans who show earned income of $6,000 of more, will be reported to the VA duing the IRS computer match. If the income is determined to be enough ( generally above the poverty level) the VA will then schedule the vet for a C&P exam for the purpose of determining if the IU status should remain in effect.


It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. > Marginal employment shall not be considered substantially gainful employment. For purposes of this section, 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. < Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination. (Authority: 38 U.S.C. 501(a))

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