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Lemuel
I have a question. Does anyone know of any "case law" on 38 CFR 4.16, the part on "marginal employment?"
I had a long email discussion with my former attorney regarding TDIU. She was considering coming back on my claim. But I want my TDIU claim back to 1987 when I first submitted it. I worked, part time, in a sheltered environment following giving up on rehab. I gave a shot at trying to get jobs I thought I might be able to do by working extra time off the clock. Jobs that required a lower skill level than I have when I'm functioning. She is now refusing to come back on the claim because she believes (personally apparently, no case law cited) that if you are getting charity money in connection to a job it counts as "a substantially gainful occupation" if the pay is near, at or above poverty level.
My part time employer made a statement in writing to the VA that made me realize I wouldn't have made it as a Hotel Night Auditor which is a low paying low bookkeeping skill job that I had been applying for in addition to part time jobs. After 3 years I gave up the part time job because of increased charity. It made me feel like a beggar on behalf of the VA. My employer's statement said he had twice moved part of my work to another employee. Also that the most difficult thing for him to deal with was my being unable to function on demand when he needed me at times. I was employed to work a specific client's, famous actor, books. Out of charity, the statement said, they agreed to pay me 4 days per week to do a 3 day per week job.
I was unable even keep up the 3 day a week job working an extra 16 to 30 hours over the 32 hours I was on the clock. And I knew the job was really a 3 day per week job or even less because at times, when I was clicking, I could catch up a great deal of work. The work didn't change in quantity or complexity. I just changed in functioning level because of enervations, partial and complex partial seizures that were untreated.
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broncovet
If you are "in remand", then you can submit new and material evidence under 38 cfr 3.156 B to reopen the claim, for any issues still under remand. You can not appeal a claim in remand, because
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