This topic contains information on evaluating evidence of self-employment or Introduction employment with a tightly held corporation, including self-employment development deciding whether self-employed individuals are unemployable due to an SC disability the definition of a and tightly held corporation, evaluating evidence showing income from a tightly held corporation. July 24, 2015 Change Date a. Development to produce the evidence necessary to establish the degree to which SC disability has impaired the ability to engage in Veteran’s Development generally be more extensive than development in cases in must which the Veteran worked for others. Request that the Veteran furnish a statement regarding the types of work performed number of hours worked per week, and amount of time lost in the previous 12 months due to SC disabilities. When determining entitlement of self-employed individuals to increased b. Deciding Whether compensation based on IU, consider the relationship between the frequency Employed and the type of service performed by the Veteran for his/her business and the Individuals Are net and gross earnings for the past 12 months. Veteran’s Unemployable Due to an SC Consider facts of the case, such as Disability low gross earnings that support a finding of marginal employment, especially when the amount of time lost from work due to SC disability is taken into account, or high gross earnings that indicate the Veteran is capable of engaging in a substantially gainful occupation. Notes: Consider low net earnings in conjunction with gross income. The inability to make a profit is not always indicative of the inability to engage in substantially gainful employment. A (or closely held corporation) is usually a family c. Definition: tightly held corporation Tightly Held corporation. A corporation bearing the name is usually indicative Veteran’s Corporation of a tightly held corporation.
Introduction This topic contains information on evaluating evidence of self-employment or employment with a tightly held corporation, including self-employment development deciding whether self-employed individuals are unemployable due to an SC disability the definition of a tightly held corporation, and evaluating evidence showing income from a tightly held corporation. Change Date July 24, 2015 a. Development Development to produce the evidence necessary to establish the degree to which SC disability has impaired the Veteran’s ability to engage in must generally be more extensive than development in cases in which the Veteran worked for others. Request that the Veteran furnish a statement regarding the types of work performed number of hours worked per week, and amount of time lost in the previous 12 months due to SC disabilities. b. Deciding Whether Individuals Are Unemployable Due to an SC Disability When determining entitlement of self-employed individuals to increased compensation based on IU, consider the relationship between the frequency and the type of service performed by the Veteran for his/her business and the Veteran’s net and gross earnings for the past 12 months. Consider facts of the case, such as low gross earnings that support a finding of marginal employment, especially when the amount of time lost from work due to SC disability is taken into account, or high gross earnings that indicate the Veteran is capable of engaging in a substantially gainful occupation. Notes: Consider low net earnings in conjunction with gross income. The inability to make a profit is not always indicative of the inability to engage in substantially gainful employment. c. Definition: Tightly Held Corporation A tightly held corporation (or closely held corporation) is usually a family corporation. A corporation bearing the Veteran’s name is usually indicative of a tightly held corporation. Employed
9-24-15_Key%20Changes_M21-1IV_ii_2_SecF.docx