Do Your Service-Connected Conditions Prevent You from Working?
Ohio TDIU Veterans Lawyer
What is it?
Total Disability based on Individual Unemployability is a way in which Veterans can be rated at 100% service connected disabled even if they do not neatly fit into the 100% compensation rate pursuant to the VA’s rating schedule. With a 100% rating Veterans can receive around $3,000 per month.
What Must be Proven?
In order to receive TDIU benefits it must be shown that a combination of the Veterans service connected conditions prevent the Veteran from being able to obtain or sustain gainful employment. And remember, for VA benefits the standard of proof is “as likely as not.”
Two Ways to Prove This?
- Rating Criteria
The easiest way for a Veteran to receive TDIU benefits is when they meet certain rating criteria established by the VA and are not able to sustain employment. Veterans are in the ballpark for receiving this type of benefit when they have one service connected disability rated at 60% or more. Veterans also often qualify for TDIU when they have two or more service connected disabilities with a combined rating of at least 70%, and at least one such service connected condition rated at least at 40%.
- Extra-Schedular Consideration
Even if a Veteran does not meet the above rating criteria they can still be considered entitled to TDIU benefits and thus rated at 100% for compensation purposes. It is the VA’s policy that all Veterans who cannot secure or follow a gainful occupation, because of their service connected conditions, should receive TDIU benefits. Accordingly, when a Veteran presents with lower ratings than that described above but is still not able to gainfully work, the VA is obligated to submit their claim for a special evaluation (by the Director of Compensation) to determine whether or not they are able to work. Here, the VA considers work history and education along with limitations from service connected conditions.
Did you know that often times an award of Social Security Benefits can be used to help prove that you qualify for VA TDIU benefits?
- Call us if you believe that the VA has wrongfully denied that your service connected conditions prevent you from being able to work. Even if you do not neatly fit into the VA’s rating schedule we may be able to help. We are passionate about helping Veterans receive this type of benefit as it typically provides the most help to those who deserve it the most.
- Please see this link for the TDIU benefits application form. http://www.vba.va.gov/pubs/forms/VBA-21-8940-ARE.pdf