A veteran may be considered as unemployable upon termination of employment which was lost as a result of a service connected disability.

Total disability ratings for compensation may be awarded where the scheduler rating is less than total, and the veteran is unable to secure or follow a substantially gainful occupation.

Marginal employment shall not be considered substantially gainful employment – that is, when a veteran’s earned annual income does not exceed the amount established for the U.S. Department of Commerce as the poverty threshold for one person or by per case basis. (Currently at $7,547.60 Fed. Reg. 65,090).

It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disability shall be rated totally disabled. (4.16)

Total Disability shall be considered to exist when there is present an impairment of mind or body which is sufficient to render it impossible for the average person to follow a substantially gainful occupation provided that the disability is reasonably certain to continue throughout the life of the disabled person.

Under the law, a veteran who has one or more service connected disabilities, which cause him/her to be unemployable is entitled to receive a 100% rating, not withstanding the underlying rating assigned to their condition or conditions. There will be a clarification of what substantially gainful employment means as well as what specific activities are generally required for such activity.

If you have worked long enough under Social Security and become severely disabled before attaining your normal retirement age, you may be entitled to monthly disability benefits.

Disability under Social Security means that you are so severely impaired, physically or mentally(or a combination), that you can not perform substantial gainful work based on your age, education, past work history, and medically determined limitations. The impairment must be expected to last at least 12 months or result in death.