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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Berta

Marginal Employment And

Question

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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I believe that the VA considers marginal to be no more than Social Security Cap for 2010 is 960 a month you can earn and still collect SSD

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The thing is that if even marginal employment triggers a C&P exam for IU vet that is going to be unpleasent. If you are 10$ over the limit is this going to bring the hammer down? I believe the Unemployability Questionaire does not ask about marginal employment. The form asks about employment, period. If you say "yes" I was employed while collecting IU I think that will trigger investigation. Who wants that?

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There is more to it than this. In addition to the amount, there must be an indication that there has been a steady 12 month period of employment in order to trigger the C &P. This is my understanding.

Edited by USACID

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If you send in your employment questionaire and you say you are working I think that will trigger some investigation. It does not say "marginal employment on the form. It just asks if you worked during the last year. That is like waving a red flag in the VA's face. Has anyone here on IU ever sent a employment questionaire back saying "yes" they worked in the last year? I have been IU for 9 years and I have not worked. They will keep me under the hairy eyeball until age 67 I think.

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