A lot of veterans recall that non being able to get or concord a job is plenty for them to prove to the VA that they are unemployable. Unfortunately, this is just a myth. The reality is much more complicated. Another myth is that having a statement from a md, especially a VA doctor, saying that you cannot work, should exist proof of unemployability. But once again, this is non the reality. When it comes to proving unemployability, in that location is a certain level that the VA looks at to determine if a veteran is eligible for this benefit, regardless of their disability rating. This level of eligibility is functional damage.
Functional Impairment
Functional impairment means that the veteran'due south functional capacity is so dumb by his or her disabilities that he or she is unable to secure or maintain substantial employment. There are a few parts to this definition we demand to explore to get the entire moving picture.
First is the functioning. Operation is not based on what the veteran did before every bit a chore. And so if a veteran was a painter or a structure worker, having a back injury may not brand him unemployable if he is found able to work at a sedentary task such equally sitting at a desk-bound. Unfortunately, for many veterans who have worked in a specific field for most of their lives, changing careers ways new grooming if they are to transition from a concrete to a sedentary position. While Vocational Rehab offers grooming programs and higher education for those who qualify, it is frequently not a viable option for many veterans considering they are not able to make that transition due to other factors that the VA does not take into account when looking at unemployability. Factors such as concentration, power to retain and follow instructions, adaptability to change, dealing with people, dealing with pain, absenteeism due to sick days and medical appointments, etc. should all be taken into business relationship when the VA is looking at a claim for unemployability.
Securing and Maintaining Employment
2nd is being unable to secure or maintain employment. This means that the veteran may non only be able to go a job just may not exist able to maintain employment either. Therefore, if a veteran gets hired but and so loses his jobs oftentimes, this may make him eligible for unemployability if the reasons the veteran loses his jobs are related to his disability. Often employers have been known to shy abroad from hiring veterans due to the perception that they may be disabled. This, unfortunately, is not a case for unemployability. If a veteran is not hired simply because he has a disability, this is again, not a case for unemployability. If, however, a veteran is not hired or is terminated, because his disability keeps him from doing the task, then it becomes a case for unemployability. For example, Joe is rated as lxx% disabled due to dorsum and human knee problems. He works as an engineer and is on his feet all 24-hour interval. His workplace allows him a redesigned infinite where he is able to sit down and work. He is however able to practise his task and then he is employable. If his workplace did not make the adaptation, he would still be able to do his job simply not in that environment, and he is still considered employable. Merely what if Joe is unable to sit to do his job? Afterward physical therapy and surgery, information technology is adamant that Joe has to lay down several times a day and accept strong painkillers that inhibit his concentration. Now Joe has possibly become unemployable.
Sustainable Employment
The last part is sustainable employment. Sustainable employment means that it pays higher up the poverty threshold for a unmarried person with no dependents. This figure fluctuates each year, but for 2017 is $12,060. If a veteran is working merely makes less than $12,060 in the twelvemonth 2017 or less than the threshold for previous years, they may be eligible for unemployability.
Employment Rates for Disabled Veterans
According to the ADA Website that tracks employment data for the disabled, veterans are employed at a very low charge per unit. Veterans with no service-connected disabilities are merely employed at a rate of 72%; 68% for those with a 0-40% rating; 58% for those rated 50-60%; and only 25% of those with a lxx% or higher rating are employed. Ensuring that these unemployed veterans have the income to sustain them is imperative and the to the lowest degree they deserve afterwards giving and then much to their country. While there are many programs out there designed to rent disabled veterans, there are not plenty to employ every unemployed veteran who wants to work. Working with local employers to help make accommodations, educate them on how to piece of work with disabled veterans, and designing piece of work programs that work effectually disabilities is needed to ensure the vast growing number of disabled veterans will have a place in our workforce in the future.
You may also desire to review our VA Unemployability Guide.
Cassandra Crosby, Claims Advocate
Cassandra Crosby is a Veteran's Claims Advocate for Hill & Ponton. She has over twenty years of experience of direction of non-profits programs in Mental Health, Substance Abuse, and Victim Services. She started at Hill & Ponton in the Spring of 2016. She is currently focusing on reviewing files for evidence that can exist benign to inability claims. She is a Florida native and is also a total time student working on a Available's Caste in Legal Studies.
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