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Marginal Employment And
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Berta
I dont thnk we discuss this enough here:
"Marginal employment shall not be considered substantially
gainful employment. For purposes of 38 C.F.R. § 4.16,
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 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. 38 C.F.R. § 4.16(a).
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