We regularly have to challenge the VA on their denials of unemployability and we have had a lot of success in forcing the VA to pay this benefit. Below is additional information on the basic rules for qualifying for unemployabilty. Call us at (855) 429-7770 or use our form if you think you may qualify or have been denied.
What Is the Eligibility Criteria for Individual Unemployability?
A veteran must be unable to maintain substantially gainful employment as a result of his/her service-connected disabilities. Additionally, a veteran must have:
•· One service-connected disability ratable at 60 percent or more, OR
Two or more service-connected disabilities, at least one disability ratable at 40 percent or more with a combined rating of 70 percent or more.
How Do I Apply?
• Submit a VA Form 21-8940 Veterans Application for Increased Compensation Based on Unemployability
• Send application to your nearest VA Regional Office.
What is I still have a job?
• You can still qualify as long as your income is below the poverty level (around $10,000 for a single adult).
What If I Don't Meet the Percentage Criteria?
Special consideration will be given or veterans when the following criteria is met:
• The veteran is considered unemployable due to a service-connected disability(ies) but fails to meet the minimum percentage standards,
• OR There is evidence of exceptional or unusual circumstances to impairment of earning capacity due to disabilities (for example, interference with employmentor frequent periods of hospitalization)