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.
This is a great group of people who really care about your well being. They all treated me as though I was family and helped me with my work comp case in more ways than the average would have.Thank you Jason and Thank you Tina! For doing an awesome job.
I am a Veteran of United States Air Force and was awarded my first 30% in 1996 and have been fighting for my rating for 26 years I came to Perkins and Studdard in 2019 while my mom was in a terrible incident and was given to much anesthesia and through GODS Grace she was spared her life, She is disabled since 2018 and I have been struggling with my life and issues and yet I didn’t call the law firm every 10 minutes or call being rude anytime, I mentioned this as I got to know Jessica more than just a phone call and Mr Studdard was always available when not working on other cases or in court, They always called back and Never had to do a call back, My Review is Simple in Life there peaks and valleys and it doesn’t stop because you have issues, Perkins & Studdard took my case in 2019 in 2021 I received my 100% from VA, I Was Never Rude, I was Never Promised Success, I Was Never Lied too and I was Always Treated with Respect, Friendliness, and Kindness the Real Stuff not a (Money Thing) If You want a firm that Cares about the Client and will work on your case even through a pandemic, Will not lie, will not promise anything will communicate your case and will Give you their Best ALWAYS THIS IS THE Best Law Firm for VETS HANDS DOWN Perkins and Studdard THERE IS NO OTHER 100% we had 5 calls Total Case That’s Taking Care Of Business
Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. injury case. I tried going it alone and the insurance carrier pushed me around. They denied extra physical therapy. They denied injections the doctor recommended to ease my pain. When I turned my case over to Jason things turned around, QUICK. They were at all times attentive and on top of my case. I cannot recommend Jason and his staff enough. If you are hurt at work, this is the firm you want on YOUR side.
Jason Perkins, was my lawyer in a workers comp. case, my case has settled now, and I am very happy for all Jason and his office hard work on my case, he was always there to help me out with any questions that I had or help I needed. Jason is a excellent lawyer and if I ever need another one I would only go to Perkins,Because I believe they would be able to help me in any situation I am in need of..
I recommend Perkins Law Firm. Everyone I came in contact with there was very nice. Kim was very helpful and any time I had a question she made sure I got an answer. Ann Margaret really took the time to explain things to me.
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.
