If you have qualified for Individual Unemployability through the VA, that means:
- You have at least 1 service-connected disability rated at 60% or more disabling, or 2 or more service-connected disabilities (with at least 1 rated 40% or more disabling and a combined rating of 70% or more) AND
- You cannot hold down a steady job that supports you financially (known as substantially gainful employment) because of your service-connected disability.
Under VA rules, a Veteran can maintain marginal employment while receiving Individual Unemployability. Employment is considered marginal 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. This amount does not increase if a Veteran has dependents.
Currently, the poverty threshold for one person under the age of 65 is $14,097 and the poverty threshold for one person aged 65 and older is $12,996. The VA looks at a Veteran’s pre-tax earned income. The VA will review and evaluate any earned income by a Veteran receiving Individual Unemployability and could discontinue a Veteran’s benefits based on earnings over the poverty threshold for one person. It is very important for Veterans receiving Individual Unemployability to know the current limits and not exceed them.
If you have questions about VA disability benefits, please contact the experienced Veterans’ disability attorneys at Gardberg & Kemmerly, P.C. today for a free case evaluation. Gardberg & Kemmerly serves Veterans across the United States from their home office in Mobile, Alabama. Please call our office at 251-343-1111 or 1-800-332-1529 for a free consultation.