When Can Va Reduce Or Terminate My Unemployability Benefits
VA may propose to reduce or terminate a veterans Individual Unemployability benefits for a number of reasons:
- Veterans in receipt of TDIU benefits are required to submit VA Form 21-4140 annually. If veterans do not submit this form, their benefits may be subject to reduction or termination
- If your ability to maintain substantially gainful employment changes and you are able to work
- If your service-connected condition have improved, warranting a lower rating.
How Do I Apply For Individual Unemployability
There are three ways in which veterans can apply for Individual Unemployability benefits:
Each of these options requires the veteran to complete VA Form 21-8940: Veterans Application for Increased Compensation Based on Unemployability.
Bipolar Disorder And Your Ability To Perform Physical Work
While bipolar disorder does not directly affect your ability to walk, sit, lift, pull, or otherwise perform physical labor, the Social Security Disability system does recognize that it can adversely affect your ability to work at repetitive tasks or to work with other people or with the general public on an ongoing basis. To determine whether your bipolar makes it impossible for you to perform physical work , the SSA will look at the severity of your symptoms. It is critical that your doctor and/or mental health professional clearly lists all of the activities that you cannot reasonably be expected to perform.
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About Va Disability Ratings And Va Disability Compensation
If you were injured or became seriously ill while serving in the military, you may be eligible for certain veterans benefits, including VA disability compensation. This benefit is paid to certain military veterans based on illnesses or injuries received while serving on active duty.
Certain veterans may also be eligible for VA health care benefits. To see current VA disability rates, scroll down to the bottom of the article. Keep reading to learn more about VA disability rates, applying for disability compensation, and other facts.
There are many factors that go into determining compensation eligibility and levels, most of which are outside the scope of this article. Treat this article as a primer for VA disability benefits as we show you the VAs definition of a service-connected disability, where to apply for benefits, and the current VA disability compensation rate tables, as provided by the VA.
Hiring A Total Disability Individual Unemployability Benefits Lawyer
We highly suggest you contact a veterans benefits lawyer to assist you with obtaining your TDIU VA compensation benefits. The Veterans Administration is a maze of thousands of federal regulations and deadlines that could seriously affect your chances of obtaining TDIU benefits. When you hire Woods & Woods, our team of TDIU VA disability lawyers, doctors, case managers, psychologists, and vocational experts go to work for you. We never charge a penny unless you win your TDIU benefits. If you need TDIU benefits help, our VA disability compensation lawyers are here to help.
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Working With A Tdiu 100% Rating
Total disability based on individual unemployability is a benefit that allows veterans to be compensated at VAs 100 percent disability rate, even if their combined schedular disability rating does not equal 100 percent. TDIU is awarded when veterans are unable to maintain gainful employment as a result of their service-connected conditions. In this case, substantially gainful employment depends on whether a veterans annual income meets or exceeds the federal poverty threshold for a single person. Therefore, there are certain circumstances in which veterans may still be employed while receiving TDIU benefits.
To Summarize:
If you are a Veteran who believes they qualify for an increase in their VA disability rating, fill out the form below and one of our Claims Specialists will contact you.
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Applying For Ssdi: Bipolar Disorder Symptoms And Treatments
The symptoms of bipolar disorder are typically extreme shifts in an individuals mood. One day, for example, a person might feel the happiest they have ever been, become very hyperactive, have severe racing thoughts, or participate in seriously risky behavior. Weeks or even days later, their mood might dramatically shift to feelings of despair, hopelessness, severe depression and irritability.
For people with bipolar II disorder, fully manic episodes are absent, but hypomanic episodes occur . Many people with bipolar II disorder are capable of being very productive and successful during hypomanic episodes.
Treatment for bipolar disorder will vary based on the type of bipolar you are diagnosed with, such as Bipolar I, Bipolar II, Bipolar Disorder Not Otherwise Specified, or Cyclothymic, as they are described by the American Psychiatric Associations Diagnostic and Statistical Manual of Mental Disorders
It is believed that bipolar disorder is genetic or genetically triggered when paired with environmental factors. Treatments are different for each person. Most treatment plans include psychotherapy and prescribed medication . Both treatments are typically thought to be useful in reducing the severity of bipolar symptoms and in the prevention of relapse.
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Applying For Tdiu Benefits
To apply for TDIU benefits, the applicant must submit VA Form 21-8940 , which asks the applicant a series of questions about his or her disability, employment history, and education history. The VA will then contact the applicants former or current employers to discuss his or her employment history. The applicant may also submit additional evidence supporting his or her case, such as vocational rehabilitation and employment records, medical opinions, statements from friends, family, and coworkers, and proof that the applicant is currently receiving SSDI or SSI benefits.
Special Monthly Compensation Rates For Veterans Without Children
Effective December 1, 2020
Levels L through O cover specific disabilities and situations. Learn how we assign SMC levels L through O
Level R may apply if you need daily help from another person for basic needs .
Level S may apply if you cant leave the house because of your service-connected disabilities.
Start with the Basic SMC rates table. Find the dependent status in the left column that best describes you. Then look for your SMC letter designation in the top row. Your monthly basic rate is where your dependent status and SMC letter meet.
If you have more than one child or your spouse receives Aid and Attendance benefits, be sure to also look at the Added amounts table, and add these to your amount from the Basic SMC rates table.
Basic SMC rates| With spouse and 1 parent |
| With spouse and 2 parents |
| Spouse receiving Aid and Attendance | SMC-L | SMC-N | 160.89 |
Start with the Basic SMC rates table. Find the dependent status in the left column that best describes you. Then look for your SMC letter designation in the top row. Your monthly basic rate is where your dependent status and SMC letter meet.
If you have more than one child or your spouse receives Aid and Attendance benefits, be sure to also look at the Added amounts table, and add these to your amount from the Basic SMC rates table.
Basic SMC rates| With spouse and 1 parent |
| With spouse and 2 parents |
| Spouse receiving Aid and Attendance | SMC-N 1/2 |
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Applying For Va Compensation Benefits
Detailed instructions for applying for VA disability benefits are outside the scope of this article, but in general, it is best to supply as much supporting information as possible, including how the injury or illness occurred, any medical treatment you received, current health status, and how your life has been affected by the injury or illness. You will need to fill out VA Form 21-526, Veterans Application for Compensation and/or Pension, or apply online using VONAPP. Also, be sure to have a copy of your DD Form 214.
Am I Eligible For Individual Unemployability If Im Currently Working
Individual unemployability benefits are reserved for veterans whose service-connected disabilities prevent them from obtaining and maintaining substantially gainful employment. Two situations exist in which veterans may be employed and still qualify for individual unemployability benefits:
- Protected Work Environment. When special accommodations are made by an employer that allow a veteran to work there with no reduction in pay or benefits, it is called a protected work environment. Veterans employed in a protected work environment may still qualify for individual unemployability benefits from VA.
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Eligibility And Va Unemployability Benefits
Veterans who wish to receive Total Disability Individual Unemployability benefits must be eligible by the Veterans Administrations guidelines on VA Unemployability requirements and income limits. First, veterans must have a service-connected mental or physical impairment. This disability must have been caused or aggravated by your time in the service. Second, veterans wishing to obtain TDIU benefits must have been considered active-duty during their military career. Third, you must not have a dishonorable discharge. This is an overgeneralization of eligibility and we encourage you to contact us for eligibility questions.
TDIU benefits are for veterans who can no longer work due to service-connected disabilities. If you are not yet service-connected, Woods & Woods can help. Below are the general requirements for obtaining TDIU benefits. If you are not sure you are eligible for VA Unemployability, give our Total Disability Individual Unemployability benefits lawyers a call.
- You must be a veteran
- You must have service-connected disabilities
- You must not have been discharged dishonorably
- You must have at least one service-connected disability rated at least at 60%, OR two or more service-connected disabilities at least one disability ratable at 40 percent or more with a combined rating of 70 percent or more.
- You must be unable to maintain substantially gainful employment as a result of service-connected disabilities .
Presumptive Disability Benefits For Certain Groups Of Veterans
What is “Presumptive” Service Connection?
VA presumes that specific disabilities diagnosed in certain veterans were caused by their military service. VA does this because of the unique circumstances of their military service. If one of these conditions is diagnosed in a veteran in one of these groups, VA presumes that the circumstances of his/her service caused the condition, and disability compensation can be awarded.
What Conditions are “Presumed” to be Caused by Military Service?
Veterans in the groups identified below: Entitlement to disability compensation may be presumed under the circumstances described and for the conditions listed.
Veterans within one year of release from active duty: Veterans diagnosed with chronic diseases are encouraged to apply for disability compensation.
Veterans with continuous service of 90 days or more: Veterans diagnosed with amyotrophic lateral sclerosis /Lou Gehrig’s disease at any time after discharge or release from qualifying active service is sufficient to establish service connection for the disease, if the veteran had active, continuous service of 90 days or more.
Former
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A Change In Your Family Status Can Change Your Va Disability Payment
Remember to contact the VA whenever you have a change in family status as your rates may change as well. If you have a 30% disability rating or higher and you are also supporting qualified dependents such as a spouse, child, or parent, you may be eligible to receive a higher VA disability payment. If your disability rating is 20% or lower, changes in your family status should not affect your VA disability payment rates.
The VA will not know when there is a change in your family status, so you will need to inform them immediately when something changes such as a birth, wedding, a parent moving in with you, divorce, a child coming of age, or the death of a qualified dependent.
It is always best to inform the VA of a change as soon as possible. However, in some cases, you wont be able to do so until you have more information .
Keep in mind that the VA will sometimes backdate payments to make up for any shortfalls, or in the case of the loss of an eligible dependent, your payment may decrease. On the flip side, the VA can come after overpayments if you failed to notify the VA of a change in family status in a timely manner.
Be sure to contact the VA disability center for more information.
Do I Have To Have 70 Percent To Be Eligible For Unemployability
No. Frequently veterans that are unable to work due to their service-connected disabilities are told by VA that they are ineligible for unemployability because their service-connected disabilities are rated less than 70 percent. This is incorrect, regardless of what percentage a veteran is assigned, if the service-connected disabilities prevent a veteran from working, they must be paid total disability individual unemployability.
The confusion arises because of VA officers and veterans service officers misinterpreting VA’s regulations. VA regulations provide that if a veteran has one-service-connected disability, to be eligible for unemployability,it must be rated at least 60-percent or higher. If the veteran has two or more service-connected disabilities, at least one of those disabilities must be rated at 40-percent or higher, and, after factoring in the ratings for the other disabilities, the veterans combined disability rating must be 70-percent or higher. Thus, veterans are told that if they do not meet these requirements, don’t bother applying for unemployability. This is wrong.
That is because VA regulations also provide that “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 disabilities shall be rated totally disabled.”
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Individual Unemployability Fact Sheet
What Is Individual Unemployability?
Individual Unemployability is a part of VA’s disability compensation program that allows VA to pay certain veterans compensation at the 100% rate, even though VA has not rated their service-connected disabilities at the total level.
What is the Eligibility Criteria for Individual Unemployability?
A veteran must be unable to maintain substantially gainful employment as a result of his/her service-connected disabilities. Additionally, a veteran must have:
- One service-connected disability ratable at 60 percent or more, OR
- Two or more service-connected disabilities, at least one disability ratable at 40 percent or more with a combined rating of 70 percent or more.
Can I Work?
Veterans who are in receipt of Individual Unemployability benefits may work as long as it is not considered substantially gainful employment. The employment must be considered marginal employment.
- Substantially gainful employment is defined as employment at which non-disabled individuals earn their livelihood with earnings comparable to the particular occupation in the community where the veteran resides.
- Marginal employment is generally deemed to exist when a veteran’s earned income does not exceed the amount established by the U.S. Census Bureau as the poverty level for the veteran only. For more information on the U.S. Census Bureau’s poverty thresholds, see census.gov/hhes/www/poverty/data/threshld/index.html
What If I Don’t Meet the Percentage Criteria?
Combined Rating System For Veterans With Multiple Disabilities
Veterans with multiple disabilities use the combined rating system.
To use the combined rating system, arrange the disabilities in order by severity and locate the intersect of the two numbers on the table below.
The VA rounds the final figure to the nearest to 10 percent.
If the Veteran has more than two disabilities, find the combined value for the first two, without rounding, and repeat with the third disability. Once you have a final number, round to the nearest 10%.
For example, if disability 1’s rating is 40% and disability 2’s is 20%, the combined rating is 52%. That figure gets rounded to the nearest 10%, making the disability rating 50%.
For a three-disability example, if disability 1’s rating is 60%, disability 2’s rating is 30%, and disability 3’s rating is 20%, we first find the rating of 1 and 2. The rating of 1 and 2 comes out to be 72. We then take the first combined rating and find the intersect with disability 3. The final number comes out at an even 80% rating.
| 10 |
|---|
| 99 |
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Straight From An Unemployability Lawyers Lips: 5 Ways To Win Your Tdiu Claim
As a veterans benefits attorney, I have worked on and won countless TDIU claims since I began working with Sean Kendall. Total Disability based on Individual Unemployability , or simply, Individual Unemployability provide a 100 percent rating to veterans when their individual ratings do not add up to 100 percent. The basic requirements are that you have to be a veteran, and your service-connected disabilities prevent you from maintaining gainful employment. Sounds simple but TDIU claims are denied all the time. In my experience.
Talk To Us About Your Individual Unemployability Back Pay For Free
If you cant work from service-connected mental and physical impairments, you might be able to receive Total Disability Individual Unemployability benefits from the Veterans Administration. VA Unemployability benefits for veterans can help get your life back in order if you cant keep or obtain meaningful employment. Veterans who receive accommodations at work may also be eligible to receive Individual Unemployability benefits.
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Contact Our Savannah Veterans Disability Lawyers Now
The veterans disability attorneys at The Nye Law Group can help manage every aspect of your disability claim to help ensure you receive the benefits you deserve.
Contact us to schedule a free, no-obligation consultation with our team of lawyers today. We work on contingency, so you will owe legal fees only if we are able to recover compensation.
Call or fill out a Free Case Evaluation form today to set up your free consultation.
