But, can you get a 100 percent TDIU rating if you are still working? Since TDIU focuses on “unemployability”, you might think that you could not.
Where do I find the VA regulations that discuss a 100% TDIU rating?
38 CFR 4.16 is the part of the Code of Federal Regulations that deals with individual unemployability claims. The general rule is that you cannot work and receive TDIU benefits.
But, if you look in 38 CFR 4.16, you would find out that there are some exceptions to this general rule. Toward the second half of that regulation, you will find the exceptions. some exceptions to the general rule which is you can’t work and draw TDIU benefits.
What is the exception about “marginal employment”?
So here’s one way you can do that with limited earnings. The rule says that marginal employment shall not be considered substantially gainful employment. The VA M21-1MR manual defines “substantially gainful employment” as:
Employment that is ordinarily followed by the nondisabled to earn their livelihood with earnings common to the particular occupation in the community where the veteran resides.
That definition sounds like a bunch of legalese. So, what does it mean in layman’s terms. Basically, it means typical work used to earn a living where the veteran lives.
With regard to marginal employment, 38 CFR 4.16 gives you a couple of examples of what qualifies. One of those examples is marginal employment based on limited earnings.
The regulation says that marginal employment shall be deemed to exist when a veteran’s earned annual income does not exceed the amount established by the Department of Commerce and the Bureau of Census within the Commerce Department. Basically, you can still earn money and draw your full TDIU benefits if you are below the poverty threshold.
How much can I earn and still receive TDIU benefits?
Black calculator with the printed receipt of allowance
Of course, the poverty threshold can change each year, so you need to check for updated numbers.
The rationale for still qualifying for TDIU through marginal employment is that you are not a full member of the workforce if your earnings are that low. Because of that, VA should not penalize you for trying to get out there and do what you can.
Do I still have to prove the other requirements of TDIU if I meet the “marginal employment” standard?
Yes. You must still prove the other TDIU requirements. “Marginal employment” only provides an exception to the requirement that you must demonstrate that you are not substantially gainfully employed.
However, this exception can provide great benefits to veterans who have significant difficulty working as a result of their service connected medical conditions. If you find yourself in this situation, you should consider filing for TDIU benefits.
Travis Studdard is an attorney who focuses on representing veterans in VA disability compensation claims. He regularly writes about issues that are important to veterans and their families.
You can subscribe to his Veterans Disability channel on YouTube.
I had an excellent experience working with Jason Perkins at Perkins & Studdard on my workers’ compensation case. Jason was professional, patient, and truly cared about helping me. He made sure I understood every step of the process and worked hard to get me a great settlement. I’m very thankful for everything he did for me. If you need a workers’ comp lawyer, I highly recommend Jason Perkins and the team at Perkins & Studdard — they really go above and beyond for their clients!Cosmic Energy
Amazing work by an amazing firm. Mr. Studdard has personally explained to me what is going on with my claim and how he will move forward on getting things done. He has always been available to speak. Jessica Hyatt is also a pleasure to work by keeping me up to date on the claim and also letting me know what is needed from me. This firm is professional, effective and definitely client friendly.Richard Moreno
I highly recommend this law firm it’s truly been a blessing to me and my family . The attorneys treated me very well very respectful they listen to me. They understood how important this was to our family. They answer all our questions they return calls to us. They explained everything in detail to us.I know that it was because of the law firm that we received a quick decision from the VA which our claim was granted.Tanya Henderson,Hawkins,Wilson
I highly recommend Jason and his staff. His professionalism and experience proved to be very valuable in helping my case. He is very knowledgeable in his field of work.Eric Bowles
Travis has an amazing team, when I hit a brick wall with my case, he immidiatly gets on board to get to the finish line. 80% to TDIU in about 3 months.
Additionally, working with Jessica has been an absolute pleasure, she is a strong part of their entire team.
I would recommend them to everyone I know!!Jesse
I had a wonderful experience with them.
And they selected my case .
I would definitely recommend them.Martha Brooks
What can I say about Travis and Jessica besides thank you from the bottom of my heart. You two worked hard for me. I had no clue when it came to the VA and was about ready to just give up, but with your help and support we made it to the finish line. Yes, it took a couple of years, but it was worth it in the end. If anyone is looking for help with working with the VA these are the people that can do it for you. The VA tried to pull a fast one on me, but Travis was faster and called them on it and they backed down. Thank you both again for everything you did for me and thank you for what you do for all veterans everywhere.Tony Butts
Marlis Espinosa
If you are looking for someone to help you through the VA benefits appeal process, stop the search and give Perkins Studdard LLC a call. They are EXCELLENT! I had been denied VA benefits and needed to file an appeal, but the process is so complicated I didn’t feel confident trying to do it myself. I found Perkins Studdard LLC while searching online, gave them a call and have not been disappointed. It has been great working with Travis, Jessica, and the rest of the team. They are always proactive in all the steps, quickly answer all my questions, and provide updates along the way. They are always highly professional, yet down to earth and easy to talk to. I cannot say enough good things about them. There is no way I would have received the benefit I was awarded without their help.William Slaughter
Jason, can’t thank you enough for continued support during my workers comp case and follow-up even after winning my case. So thankful to your wonderful staff including Alison and Lisa for amazing communication and keeping me up to speed on the case. Jason Perkins at Perkins Studard LLC is absolutely the kind of lawyers needed when fighting for your medical support through Workerscomp.Rich Kid Uzi
I understand you want your VA claim to be done as quickly as possible. But remember the ultimate goal – to win your VA disability compensation claim.
You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. If you are interested in avoiding unnecessary delay in your claim and want to do everything you can to maximize your chances of success, it is probably a good idea for you to consult with an accredited veterans disability attorney.
We would be happy to talk to you. If you would like a free consultation with our Perkins Studdard veterans disability attorneys just click here or give us a call to begin the process.
