Wade9224

I am sorry for your loss. This is what I located on www.va.gov I only added an excerpt that I thought might apply to you based on the information you provided. If the Veteran’s eligibility was due to a rating of totally disabling, they must have had this rating: For at least 10 years before their death, or Since their release from active duty and for at least 5 years immediately before their death, or For at least 1 year before their death if they were a former prisoner of war who died after September 30, 1999

Marginal employment is not just about earning more than poverty level. Marginal employment takes in to consideration your education level and previous work history before the action that caused your disability where you were granted TDIU. For example, I have a Master’s of Business Administration (Accounting), therefore, my earnings would have been on par with anyone else who has a MBA in Accounting. I can no longer work with numbers in the same capacity and, therefore, cannot work in the field anymore. If I have a job that pays more than poverty but considerably less than a position that I could have reasonably been employed, with education and work experience to back up, then that would be marginal employment even though the position may pay more than poverty.