I had my DRO hearing a couple of days ago and I was awarded TDIU, but the DRO and I disagree about the effective date. 38 CFR 4.16 deems employment to be marginal if "annual income" falls below the poverty threshold established by the U.S. Dept. of Commerce, Census Bureau. On the Census Bureau's website, it defines "annual" as a calendar year. The VA, however, is defining annual as the last 12 months of employment. Under the Census Bureau's definition, my employment was marginal, whereas under the VA's definition, my employment was above the poverty threshold. I believe the Census Bureau's definition should be controlling since 38 CFR 4.16 refers to it to determine marginal employment. Does anyone agree or have any additional thoughts? Thanks!
Question
Sergeant G
Hi,
I had my DRO hearing a couple of days ago and I was awarded TDIU, but the DRO and I disagree about the effective date. 38 CFR 4.16 deems employment to be marginal if "annual income" falls below the poverty threshold established by the U.S. Dept. of Commerce, Census Bureau. On the Census Bureau's website, it defines "annual" as a calendar year. The VA, however, is defining annual as the last 12 months of employment. Under the Census Bureau's definition, my employment was marginal, whereas under the VA's definition, my employment was above the poverty threshold. I believe the Census Bureau's definition should be controlling since 38 CFR 4.16 refers to it to determine marginal employment. Does anyone agree or have any additional thoughts? Thanks!
Link to comment
Share on other sites
Top Posters For This Question
3
3
2
2
Popular Days
Oct 27
6
Jun 20
3
Jun 19
2
Top Posters For This Question
Pete53 3 posts
pacmanx1 3 posts
john999 2 posts
PHS60 2 posts
Popular Days
Oct 27 2010
6 posts
Jun 20 2010
3 posts
Jun 19 2010
2 posts
10 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now