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.
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After my VA claim was denied, I felt defeated, depressed, and overwhelmed. I spent a lot of time researching different agencies, only to find that many of them made promises they couldn't back up and were not properly accredited.
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Their guidance, communication, and dedication made a difficult process much easier to manage. Thanks to their hard work and expertise, I finally received the benefits I had been fighting for.
I highly recommend Perkins Studdard LLC to any veteran seeking assistance with a VA claim or appeal. Don't waste your time elsewhere—this team truly cares and delivers outstanding service.nelson figueroa
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I highly recommend Travis and his team. From start to finish, the communication and professionalism were outstanding. Jessica was absolutely amazing — responsive, knowledgeable, patient, and always willing to help answer questions and keep me informed throughout the process.
Travis was also excellent and made me feel confident that I was in good hands. Their entire office treated me with respect and care, and I truly appreciate everything they did for me. If you’re looking for an attorney and legal team that genuinely cares about their clients, I would definitely recommend them.Carlos Thornton
Travis Studdard and his team were always professional and from intake to case resolution, they were extremely pleasant to work with. After working closely with them for roughly six years, they successfully appealed my sleep apnea claim with the VA. At times I thought about giving up, but it was their diligence and confidence in their approach that gave me the ability sustain. There were no surprises, they led me by hand every step of the way. My family and I are truly appreciative for their great work. His team truly cares and it shows. They will fight to the end for veterans. I couldn't be happier with the results.James
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.
