Many veterans and their dependants have complained about not receiving benefits because they simply did not know they were available. This has become a commonplace complaint as the Department of Veterans Affairs (VA) develops and offers more benefits and more programs. The VA's Individual Unemployability (IU) benefit is one of those flying under the radar for many veterans.
The IU program falls under the VA's disability compensation. The VA will pay qualifying veterans the 100% rate of compensation, despite those veterans not having a 100% service-related disability VA rating.
To qualify, veterans must not be able to maintain "substantially gainful employment" because of their service-related disabilities.
Further, veterans must have one of the following:
- one service-related disability rated at least 60%; and
- at least two service-related disabilities with one rated at least 40% and a 70% combined rating.
Qualifying veterans drawing IU benefits can continue to work, but that work cannot be considered "substantially gainful," and instead must be considered "marginal." In order to be considered substantially gainful, employment must be that at which a non-disabled individual can "earn their livelihood." This means their wages must be equivalent to that same job in the same community in which the veteran lives.
Conversely, "marginal employment" is defined as any employment from which veterans do not earn enough income to rise above the poverty level defined by the U.S. Census Bureau.
Veterans considered unemployable because of a service-related disability but who cannot meet the minimum standards or have exceptional circumstances may be granted special consideration.
If you are a disabled veteran who has been denied disability compensation or have not yet applied for benefits from the VA, a South Florida disability attorney from LaVan & Neidenberg is ready to help. To learn if you are entitled to certain programs and benefits contact our veterans disability rights firm today - 1-888-234-5758.
Category: Veterans' Disability
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Soldiers can return home with a number of conditions, injuries, and aggravated preexisting conditions. If you believe you have a service-connected physical or psychological injury you may be entitled to Veterans’ Disability Compensation.