Another Short Analysis of What It Takes to Get TDIU Benefits

The Veterans Court [Court of Appeals of Veterans Claims] has defined the term "substantially gainful employment" for the VA in the Ray v. Wilkie case (A qualifying veteran who is unable to secure and follow substantially gainful occupation because of his or her service-connected disabilities is entitled to a 100% rating.).  

Substantially Gainful Employment” has two components -- an economic component and a non-economic component.

  1. Economic component: You have substantially gainful employment if you have an occupation earning more than the poverty threshold (see this link for years from 1978-2018) unless you have "marginal employment" or are in a "protected work environment" --- the VA should not count Social Security Disability or Retirement earnings.

  2. Non-Economic component: What you need to prove depends on your situation. There are two critical ways to prove the non-economic “substantially gainful occupation” factors: Lay evidence and Expert evidence. 

For reference, A list of factors the Court has said should be considered: the veteran’s history, education, skill, and training whether the veteran has the physical ability to perform the type of activities required by the occupation at issue.

Factors that may be relevant include, but are not limited to, the veteran’s limitations, if any, concerning lifting, bending, sitting, standing, walking, climbing, grasping, typing, and reaching, as well as auditory and visual limitations; and,whether the veteran has the mental ability to perform the activities required by the occupation at issue.

Additional relevant factors include, but are not limited to, the veteran’s limitations, if any, concerning memory, concentration, ability to adapt to change, handle work place stress, get along with coworkers, and demonstrate reliability and productivity.

Featured Posts
Recent Posts
Search By Tags
Follow Us
  • Facebook Basic Square
  • Twitter Basic Square
  • Google+ Basic Square
2700 N Main St, Suite 602, Santa Ana, CA 92705
(714) 543-8416
  • Facebook - Grey Circle
  • YouTube - Grey Circle
  • LinkedIn - Grey Circle
  • Yelp - Grey Circle

DISCLAIMER: The information that appears on this website is provided for informational purposes only and does not constitute advice or legal opinion. The transmission or reception of any information through this website will not create or establish an attorney-client relationship, and will not act or depend on any information that appears on this website without seeking the specific and competent legal advice of a lawyer. The laws change constantly, and the information that appears on this website may be outdated and inapplicable to your circumstances and is not guaranteed. DO NOT SEND CONFIDENTIAL INFORMATION THROUGH THIS WEB SITE since an attorney-client relationship will only be established through a written contract from Maurice L. Abarr, Lawyer, Inc., and in no other way. Each case is unique, therefore, the testimonies and endorsements do not constitute a guarantee, guarantee or prediction regarding the outcome of your possible case. Required notice: "Making a false or fraudulent worker's compensation claim is a felony subject to up to 5 years in prison or a fine of up to $ 50,000 or twice the value of the fraud, whichever is greater, or both in prison and in fine. "

© 2018 by Maurice L. Abarr - Lawyer, Inc. Designed and Developed by Client Growth Marketing