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lamontino

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If you work and have children and get TDIU does the VA go on the federal poverty guidelines as far as how much I can earn with two kids that won't effect my benefits?

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According to cck law, the poverty level is based upon the number of dependents, and ranges from a low of 13k to as high as 37k with 6 dependents.  https://cck-law.com/blog/va-unemployability-income-limits/. This changes annually, probably adjusted via the cola percentage.  

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I was going off of this:

VIII.iv.3.A.2.c.  Definition:   Marginal Employment

 

Marginal employment exists
  • when a Veteran’s earned annual income does not exceed the amount established by the U.S. Department of Commerce, U.S. Census Bureau, as the poverty threshold for one person, or
  • on a facts-found basis, and 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. 
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Good point, broken soldier.  There is an obvious discrepancy between CCK law's point that "poverty level" is based on the number of dependents, vs M21 mr's version that the poverty level is based on "one" person.  

In this light, I looked up 38 CFR 4.16 which, in pertinent part, states:

Quote

Marginal employment shall not be considered substantially gainful employment. For purposes of this section, 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, Bureau of the Census, as the poverty threshold for one person. 

For that reason, I stand corrected.  I am rather "shocked" that cck law would make such an error, but there is a great chance that the CAVC/federal courts have, indeed, corrected 38 CFR 4.16, above, which does not seem to take into account the number of dependents in the definition of poverty level.  

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Not necessarily corrected, there is that "facts found" language in the M21. I suppose that could be wiggle room for a higher amount in there. I didn't post 4.16 because it was the less liberal sounding between the two. 

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