Gainful Employment How Much ?

[rickzoo]

Now denied unemplyability 90% disabled. the reason denied was gainful employment(900 a month) Where do I find out if this is a region decision or va wide . Do they decide localy?

[rickzoo]

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))

( B) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the is

This might be my answer? i guess it is enough to file a NOD.

[poolguy11550]

There is anther way to look at it, the 90% + the $900 earned and your almost at or near the 100% mark anyway in terms of money. The VBA awards %'s based upon how much your S/C condition limit your ability to earn money. So, if you add all your income (both VA and from your job) then it makes perfect sense to deny the IU claim.

If your employer is seeking a replacement (due to your S/C disabilities), then ask them to write a detailed letter for the R/O stating such and appeal the claim.

[mako25]

When I went in front of the board I told them "I could get any job I want"..I just happen to interview well and must have I guess the that employers want?..My problem is Maintaining jobs because of SC disability. I gave a list of past employers over the past 5yrs and Income earned .. Some of my past jobs paid very well and would put me well above income limits the only problem was that I was not able to Maintain the Jobs because of service connected Disability.So I would get a letter ASAP from your employer stating so.I was told it was a positive that I was trying to work.

[Commander Bob]

Now denied unemplyability 90% disabled. the reason denied was gainful employment(900 a month) Where do I find out if this is a region decision or va wide . Do they decide localy?

When did you get the VA denial letter? have you filed a "Notice of Disagreement" yet? I don't know what your 90% is for. It sounds like your work would be considered good thearpy and not gainful employment by some doctors.

Edited September 25, 2009 by Commander Bob 92-93

[cowgirl]

Poolguy, the way you explan it, the VA looks at earned income combined with VA disabilityincome ? Odd, don't think I've heard that before for considering IU. There must be a different poverty level ceiling for IU if both disability and earned income are used. Where can we read about the criteria? Or if it's an computer algorthym - skip my inquiry.

Thank you,

Cg'up2009!

Edited October 2, 2009 by cowgirl

[poolguy11550]

Poolguy, the way you explan it, the VA looks at earned income combined with VA disabilityincome ? Odd, don't think I've heard that before for considering IU. There must be a different poverty level ceiling for IU if both disability and earned income are used. Where can we read about the criteria? Or if it's an computer algorthym - skip my inquiry.

Thank you,

Cg'up2009!

Where is the criteria that states that the VBA does not have to really consider reasonable doubt? Put yourself in mind-set of the average VA employee making a decision- no legal background, under-trained, overworked, and the list can go on.

The legal remedy to this particular case would be as I described in the second half of my post Vs. taking many years trying to convince the VBA what they already should know.

When it comes to IU claim there many exceptions to the rule, for example- if you work for a small family owned/ran business then the weight that the VBA has to place on your employment should be considered less-than what they would a purely privet employer.

So, I can explain why the VA does not consider reasonable doubt, like the income in this case. However, rather than focus upon what is obviously wrong, Lets advise this veteran how to remedy the situation by having his employer craft a detailed letter why he/she is soon to-be unemployed due the their S/C disabilities.

What this boils down to is which would one rather do, take 3 to 5 years winning this claim by law as it should be correctly applied or get this handled in possibly 1 to 2 years via a different but sound approach that any lay-person can make reason with?

This is the exact problem here on hadit, everyone wants a law or reference to this or that so that they can "fight the good fight". All-the-while, your dealing with a agency were first level of claims adjudications is informal and adjudicated by lay-persons.