Now denied unemplyability 90% disabled. the reason denied was gainful employment(900 a month) Where do I find out if this is a region decision or va wide . Do they decide localy?

Where you initially awarded IU?.. I thought poverty level was quit a bit higher..

http://www.census.gov/hhes/www/poverty/threshld/thresh08.html

Was there any more to the decision? At $900 a month seems like you are just under the wire. Maybe others will chime in, did you apply for IU or did VA decrease you? Or are they trying to decrease you?

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. 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.

i was denied and told i could do work.I now pastor a small church but dont feel able to keep it up. They are very understanding and pay me the $900.00 a month . They are looking for a replacement now. VA said i could do sedimantery(sp) work.

Appeal it cite the regs and elaborate on your situation. 900 bucks a month calculates to 5.19 an hour and us below even minimum wage.

I made about the same amount of money, but included a letter from employer stating he hired me as a friend (which he did) and that he will have to let me go due to loss time because of illness and unreliability. I now have not had any earned income over the past 7mo.

Is there a reg or va wide diffination for the term gainful employment?

It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. 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. 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. (Authority: 38 U.S.C. 501(a))
( It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the is


This might be my answer? i guess it is enough to file a NOD.

There is anther way to look at it, the 90% + the $900 earned and your almost at or near the 100% mark anyway in terms of money. The VBA awards %'s based upon how much your S/C condition limit your ability to earn money. So, if you add all your income (both VA and from your job) then it makes perfect sense to deny the IU claim.

If your employer is seeking a replacement (due to your S/C disabilities), then ask them to write a detailed letter for the R/O stating such and appeal the claim.

When I went in front of the board I told them "I could get any job I want"..I just happen to interview well and must have I guess the that employers want?..My problem is Maintaining jobs because of SC disability. I gave a list of past employers over the past 5yrs and Income earned .. Some of my past jobs paid very well and would put me well above income limits the only problem was that I was not able to Maintain the Jobs because of service connected Disability.So I would get a letter ASAP from your employer stating so.I was told it was a positive that I was trying to work.

When did you get the VA denial letter? have you filed a "Notice of Disagreement" yet? I don't know what your 90% is for. It sounds like your work would be considered good thearpy and not gainful employment by some doctors.

Poolguy, the way you explan it, the VA looks at earned income combined with VA disabilityincome ? Odd, don't think I've heard that before for considering IU. There must be a different poverty level ceiling for IU if both disability and earned income are used. Where can we read about the criteria? Or if it's an computer algorthym - skip my inquiry.

Thank you,
Cg'up2009!

Where is the criteria that states that the VBA does not have to really consider reasonable doubt? Put yourself in mind-set of the average VA employee making a decision- no legal background, under-trained, overworked, and the list can go on.

The legal remedy to this particular case would be as I described in the second half of my post Vs. taking many years trying to convince the VBA what they already should know.

When it comes to IU claim there many exceptions to the rule, for example- if you work for a small family owned/ran business then the weight that the VBA has to place on your employment should be considered less-than what they would a purely privet employer.

So, I can explain why the VA does not consider reasonable doubt, like the income in this case. However, rather than focus upon what is obviously wrong, Lets advise this veteran how to remedy the situation by having his employer craft a detailed letter why he/she is soon to-be unemployed due the their S/C disabilities.

What this boils down to is which would one rather do, take 3 to 5 years winning this claim by law as it should be correctly applied or get this handled in possibly 1 to 2 years via a different but sound approach that any lay-person can make reason with?

This is the exact problem here on hadit, everyone wants a law or reference to this or that so that they can "fight the good fight". All-the-while, your dealing with a agency were first level of claims adjudications is informal and adjudicated by lay-persons.

I don't know how often we go through this exercise but the fact is and remains the same that if you work your run the risk of losing 100% and as hard as 100% is to get it is really not worth it?

You can volunteer and help others and not run this risk if you need something to do or get a copy.

I went through the same issues most of us do. Many of us worked hard our whole life and it is hard to not to work.

I made my Peace with this when I accepted that I am retired and I paid my dues.

Thank you Poolguy, well stated and I get it. Each IU claim case has it's own merits. As far as references, the claimant and processor 'partnership' deserves a clear guide for proper consideration. As they say, 'information is power'. My thoughts if a veteran were to submit a valid and well done claim the first time for correct compensation - that'd be great for everyone. Truly, the many items a VA employee must have to consider when processing a claim are beyond my limited scope. I appreciate you.

My thoughts, if a veteran is compensated at 90% or 100% and able to work, definitely go for it. Its important to keep busy, be needed and have income! IU is not for everyone, certainly not a consideration for me until a few years ago. And something I didn't prefer to request unless needed, as was SSDI. My family were 'waste not want not' depression era and would rather go bare bones than ask for handouts.

'There but for the the grace of God go I'

Cowgirl

IU and SSDI are not "handouts". That may be what the powers want you to believe, but it is not true. IU is compensation for losing the ability to work to support yourself due to service connected injury or illness. I don't think many people would enlist if they knew that if injured they would be forced to live on charity. However, that is often the case, and that is the shame of the nation.

how can i do it in a year or two?

I would think the fastest way for you to get IU is to have your doctor write a statement, stating that due to your health that you are unable to continue to keep your current position and that it is his/her medical opinion that you are unemployable. Once after you receive this letter put in for a request for reconsideration for IU. It may take a few months but less than a year. You would have to be not working at the time you submit the claim. Since it involves a church, just volunteer some of your time but not in the same way. You can also apply for SSDI (Social Security Retirement). If you are still considered terminal, you can ask VA to process this claim as a hardship.

Hope the best for you and your family and may God bless you.

Others may chime in.

www.va.gov/ogc/docs/2005/PREC52005.doc

This may give you some idea on how they look at it.

Also remember - when they speak of the proverty level it is the proverty level for one person. For 2009 that it 10,830.00. 900 bucks a month puts you at 10,800.00 So they take this, your education level, and past/present work history into consideration when they make this decision.

If you are a four year college grad who could do a sit down job and still make 10,800 they probably would deny the claim. If you were a 9th grade drop out who relied on manual labor to make that amount they probably would grant the claim. Just my 2 cents worth.

Just trying to do some background checks before posting. What are your current ratings for service connected conditions? This may help us understand your situation better. Sorry if you posted them but I could not find them.