Individual unemployability is a part of the VA’s disability compensation program that allows veterans to receive compensation at the 100 percent rate, even though the VA has not rated their service-connected disabilities at the total level.
In order to be eligible, a veteran must be unable to maintain substantially gainful employment as a result of his/her service-connected disabilities.
Additionally, a veteran must have:
- One service-connected disability ratable at 60 percent or more, OR
- Two or more service-connected disabilities, at least one disability ratable at 40 percent or more with a combined rating of 70 percent or more.
Derek L. Hall, PC assists veterans in pursuing individual unemployability and other veterans disability claims. Contact our Jackson Individual Unemployability Attorney or call us today at 601-768-8267 for a free initial consultation.
Veterans who receive individual unemployability benefits may work as long as it is not considered substantially gainful employment. The employment must be considered marginal employment.
- Substantially gainful employment is defined as employment at which nondisabled individuals earn their livelihood with earnings comparable to the particular occupation in the community where the veteran resides.
- Marginal employment is generally deemed to exist when a veteran’s earned income does not exceed the amount established by the U.S. Census Bureau as the poverty level for the veteran only. For more information on the U.S. Census Bureau’s poverty thresholds, please contact us.
Special consideration will be given for veterans when the following criteria are met:
- The veteran is considered unemployable due to a service-connected disability, but fails to meet the minimum percentage standards, OR
- There is evidence of exceptional or unusual circumstances to impairment of earning capacity due to disabilities (for example: interference with employment).