Mr. Dube’s Individual Unemployability Claim should be dated as of May 2017, the date of Mr. Dube’s Unemployability.
As demonstrated by Mr. Dube’s “Veteran’s Application for Increased Compensation Based on Unemployability”, Mr. Dube filed his individual unemployability application as of September 2017. Mr. Dube’s application demonstrates, however, that he has not held substantially gainful employment since May 2017. The Department grants unemployability when the veteran cannot secure substantially gainful employment as a result of a service-connected disability and the veteran’s disability rating is at 60% or more. 38 C.F.R. § 4.16(a). Here as of May 2017, Mr. Dube’s disability rating for his service-connected PTSD was above 60%.
Mr. Dube …show more content…
Dube has experienced marginal employment. Marginal employment is not substantially gainful employment. 38 C.F.R. § 4.16. Marginal employment exists when the veteran’s earned annual income does not exceed the poverty threshold. 38 CFR § 4.16. Mr. Dube’s earned annual income as of May 2017 does not exceed the poverty threshold. Furthermore, Mr. Dube’s employment history meets the factors for determining marginal employment under M21-1, Part IV, Subpart ii, Chapter 2, Section F. First, Mr. Dube’s work history and earnings prior to May 2017 compared to his work history and earnings beginning in May 2017 show a marked decline caused by his service-connected PTSD. Mr. Dube, was unable to secure and sustain gainful employment or earn comparable compensation because of his PTSD. Beggining in May 2017, there was a marked reduction of Mr. Dube’s earnings which indicates a comparable decrease in mental capabilities. Finally, the work for which Mr. Dube is qualified, service sector connected jobs as his employment history indicates, is impacted by the nature of his disability, PTSD. As reflected in Mr. Dube’s prior stressor statement, Mr. Dube’s service-connected disability prevents him from performing the essential job functions of work for which he is qualified, thereby precluding him from securing employment. Looking at these factors in totality, Mr. Dube’s employment since May 2017 has been marginal. Therefore, because marginal employment is not substantial
As demonstrated by Mr. Dube’s “Veteran’s Application for Increased Compensation Based on Unemployability”, Mr. Dube filed his individual unemployability application as of September 2017. Mr. Dube’s application demonstrates, however, that he has not held substantially gainful employment since May 2017. The Department grants unemployability when the veteran cannot secure substantially gainful employment as a result of a service-connected disability and the veteran’s disability rating is at 60% or more. 38 C.F.R. § 4.16(a). Here as of May 2017, Mr. Dube’s disability rating for his service-connected PTSD was above 60%.
Mr. Dube …show more content…
Dube has experienced marginal employment. Marginal employment is not substantially gainful employment. 38 C.F.R. § 4.16. Marginal employment exists when the veteran’s earned annual income does not exceed the poverty threshold. 38 CFR § 4.16. Mr. Dube’s earned annual income as of May 2017 does not exceed the poverty threshold. Furthermore, Mr. Dube’s employment history meets the factors for determining marginal employment under M21-1, Part IV, Subpart ii, Chapter 2, Section F. First, Mr. Dube’s work history and earnings prior to May 2017 compared to his work history and earnings beginning in May 2017 show a marked decline caused by his service-connected PTSD. Mr. Dube, was unable to secure and sustain gainful employment or earn comparable compensation because of his PTSD. Beggining in May 2017, there was a marked reduction of Mr. Dube’s earnings which indicates a comparable decrease in mental capabilities. Finally, the work for which Mr. Dube is qualified, service sector connected jobs as his employment history indicates, is impacted by the nature of his disability, PTSD. As reflected in Mr. Dube’s prior stressor statement, Mr. Dube’s service-connected disability prevents him from performing the essential job functions of work for which he is qualified, thereby precluding him from securing employment. Looking at these factors in totality, Mr. Dube’s employment since May 2017 has been marginal. Therefore, because marginal employment is not substantial