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Michael Lawrence Varon, PLLC Michael Lawrence Varon, PLLC
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Understanding VA Individual Unemployability

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Those who serve our country often end up injured in the process. Serving in a war can cause physical and emotional harm that can last many years or even the rest of a person’s life. Once a person retires or otherwise leaves the service and comes back to civilian life, they may be unable to work. Their disabilities may prevent them from becoming gainfully employed. So what happens next?

Veterans have access to many benefits that can help. One of these is called individual unemployability. This benefit is available to veterans who became disabled during service and cannot work due to this disability. The unique advantage of this benefit is if the Department of Veteran Affairs (VA) rated the person at below 100%, individual unemployability will still pay the veteran at the 100% rate.

There are several elements that must be met in order for a veteran to qualify for individual unemployability. Besides not being able to work due to a service-related disability, the person must also have a service-related disability rated at 60% or more or two or more disabilities with a combined rating of at least 70%, but one disability must be rated at 40% or above.

If neither of these requirements are met, it is still possible for a veteran to qualify for individual unemployability. For example, if a veteran does not meet the minimum percentage requirements, but is still unable to work due to a disability, then special consideration may be given. A person may also receive special consideration if they have unusual circumstances that make it unable for them to work. For example, a medical condition that causes frequent hospital stays may qualify.

Can a Veteran Work and Still Receive Individual Unemployability Benefits?

It is still possible for a veteran to work and receive individual unemployability benefits. However, the person cannot be gainfully employed. Instead, they must be what is referred to as marginally employed. This means that the amount of income the veteran receives from working must be below the poverty threshold. The threshold is currently at $12,140 per year, so that amounts to just over $1,000 per month. This means that a veteran could hold a part-time minimum wage job and still receive benefits.

Besides a pay rate based on a service disability of 100%, veterans receive other benefits if they qualify for individual unemployability. For example, they will receive health insurance for their dependents, a service-disabled military ID card, property tax credit and a $10,000 life insurance policy with a waiver on monthly premiums.

Contact Us for More Information About VA Benefits

Veterans have many benefits available to them, particularly if they have medical conditions or disabilities preventing them from working. However, many benefits are unaware of these benefits or are unsure how to access them. This causes them to lose out on money that could greatly benefit them.

If you think you may be entitled to veterans’ benefits, make sure you take advantage of them. Don’t lose out. The Law Office of Michael Lawrence Varon in White Plains can give you the advice you need. Call his office at 914-294-2145 to schedule a consultation.

Resource:

wadenapj.com/opinion/columns/4574566-veteran-services-how-obtain-va-individual-unemployability

https://www.nycompensationlaw.com/va-retirees-and-disability-recipients-to-see-biggest-raise-in-six-years/

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