Four: Get Buddy Statements
If you have missing service records, at this point in the VA Individual Unemployability timeline you may want to get buddy statements. Many veterans trying to obtain VA TDIU ratings for PTSD may find their records do not include the stressor event that happened to them during service. You can have people you served with verify that stressor events like an IED or enemy ambush happened in a statement.
Housebound Benefits For Pension Recipients
Housebound benefits will be considered to exist when the veteran is rated with one of the following
- Has a single disability that is rated at a 100% and has additional disability rated at 60%,
- Be totally disabled from a single disability and be permanently housebound.
Permanently housebound occurs when the veteran is substantially confined, as a direct result of his disability, to his house, ward, or clinical area, and it is reasonably certain that the circumstances will continue throughout their lifetime. Congenital, developmental, hereditary, or familial conditions may be considered. Income and asset limits apply, but are at a higher rate than pension.
Our Tdiu Lawyer Will Fight For Your Iu 100% Disability Rating By The Va
The veterans disability lawyers of George Sink, P.A. Injury Lawyers, can discuss requesting a total disability rating based in individual unemployability from the VA with you and help you compile the necessary evidence for such as disability rating. If it is at all possible for you to obtain this 100% disabilitybenefit, we want you to have it.
George Sink, P.A.veterans disability lawyers havehelped thousandsof disabled individuals receive the full benefit the U.S. government promised them. We can provide you with a free, no-obligation assessment of your qualifications for IU benefits, and will fight for you if there is a way forward.
Attorney George Sink Sr. isa disabled Vietnam veteran who has been fighting for vets and other injured and disabled individuals since 1977. Our primary objective is to get ALL disability benefits available to our clients into their hands as soon as possible.
The VA is a large, overworked bureaucracy burdened by complex rules and regulations. Dont fight it alone. the experienced legal team at George Sink, P.A. Injury Lawyers today.
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Five: Previous Employer Statement
This step in the pre-application VA Individual Unemployability timeline is very important. Remember, you are trying to show the VA you cant work from your service-connected disabilities. Your former employer can write a statement about how your service-connected disabilities affected your employability.
They should note if you missed lots of work from PTSD, or couldnt stand long from a back injury, or that you cant hear, and talking to clients on the phone has become impossible. You can submit this statement to the VA. This evidence can be very powerful!
% Disability Rating Qualifying Criteria
There are two ways a veteran may be assigned a 100% disability rating:
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Talk To Our Veterans Attorneys About Your Tdiu Claim
These are critical questions that the VA often gets wrong, and still there are many more to consider. We know the struggles that veterans face in their fight to obtain benefits, and claims for TDIU benefits can be especially difficult.
Our veterans attorneys have the resources and abilities to handle your TDIU claim with meticulous care and urgency. We can help protect you from reductions in benefits and assist with all Social Security Disability benefit matters. If VA owes you TDIU retroactive pay, or you need help appealing an unfair denial, we are your strongest ally.
For exceptional assistance obtaining TDIU ratings, quickly contact us for the legal help you deserve. We serve veterans across the United States.
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How Do You Determine Whether Your Disabilities Prevent You From Working
To determine the severity of your disabilities and whether you qualify for TDIU, the Department of Veterans Affairs will look at medical records and other evidence. A trained attorney can take you through the process of gathering that information and ensuring all relevant evidence that is likely to support your case is collected and presented. A legal representative can also file an appeal should your application be denied.
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Frequently Asked Questions On The Va Individual Unemployability Timeline
How do I get my TDIU claim expedited?
First, we want you to understand that expediting doesnt mean you go to the front of the line. The term expedited makes veterans believe their claim will move through the VA Individual Unemployability timeline fast. It wont. If your VA disability claim is expedited, the appeals process can still take years. The only reasons you get to expedite a TDIU claim are for terminal illness, advanced age, and financial hardship.
What will make my claim move faster through the TDIU timeline?
Getting your evidence, argument, brief, and documents correct the first time can help you move through the VA Individual Unemployability timeline faster. This is why its so important to get qualified help with your TDIU claim. Unfortunately, there is no silver bullet or secret to getting your TDIU benefits quickly. The VA is slow.
Can veterans get TDIU and SSDI benefits?
Yes. Veterans can receive both TDIU and SSDI benefits at the same time. The VA Individual Unemployability timeline will operate completely separate from your SSDI claim. Each claim will be processed differently and by different government entities.
What is the VA disability appeal success rate?
Click here to see the VA disability appeal success rates.
If I have a 100% rating, should I try to get TDIU benefits?
What If Va Denies My Ptsd Claim For Iu
If VA denies IU for your PTSD or assigns the wrong effective date, appeal. With the Veterans Appeals Improvement and Modernization Act you have three tracks for an appeal. You can appeal in the RO, submit a new claim or appealing to the BVA. If you win under any of these tracks then your effective date is the same as the first claim. You must appeal within one year though. If the veteran fails to appeal within one year, the decision becomes final. The only way reopen it is by submitting new and relevant evidence or by showing CUE in the decision.
How To Apply For Tdiu Benefits
Posted by Gregory M. Rada | September 12, 2015 |Disability Compensation
A total disability rating based on individual unemployability, often referred to as TDIU, IU, or individual unemployability, is an avenue for the VA to compensate a veteran who cant work due to service-connected disabilities at the 100% rate when the veterans disabilities do not actually combine to 100%.
Medical Evidence To Include
Medical evidence can support your TDIU claim by showing how your service-connected disabilities prevent you from obtaining and sustaining substantially gainful employment. Some medical evidence can include the following:
- Medical Diagnoses
- Dates of treatment and hospitalization
- Medical opinion or letter from your doctor
- Other Documentation from your doctor appointments that supports your inability to hold a job.
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Evidence Requirements For Tdiu
- Evidence of at least one service-connected disability AND
- Evidence that the service-connected disability or disabilities are sufficient, without regard to other factors, to prevent performing the mental and/or physical tasks required to get or keep substantially gainful employment AND
- One disability ratable at 60% or more, OR
- If more than one disability exists, one disability is ratable at 40% or more with a combined rating of 70% or more.
The VA website on TDIU gives two examples of situations where TDIU is appropriate. Before you read the examples, however, it is important to note that the VA disability rating system is not additive, which means if a veteran has two disability ratings, one at the 60% level and one at the 10% level, their combined rating is not 70%. According to the VAs Combined Ratings Table, the combined rating would actually be 64%.
A Veteran has a service-connected heart condition evaluated as 60% disabling. She has been able to work without difficulty until last year when she began to experience chest pain with any exertion. Her physician recommended that she retire as soon as possible. She subsequently filed a claim for increased disability compensation. Evidence regarding the Veterans work history and education was reviewed by the Rating Team. As it confirmed the Veteran was individually unemployable due to her service-connected disability, entitlement to compensation at the rate payable to a 100% disabled Veteran was granted.
Can The Va Reduce Or Terminate My Tdiu Benefits
The VA can terminate your TDIU benefits if it determines that your condition has improved to the point that you are able to maintain substantially gainful employment. Your TDIU rating may also be reduced if you are able to maintain substantially gainful employment for 12 consecutive months. However, this rule does not apply to veterans who are working in what is known as a protected work environment. This designation usually applies to a situation where some special accommodation is made for the veteran.
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Military And Veteran License Plates
To obtain certification of Section 3 on the MVR-33A application for military/veterans license plates the Division of Veterans Affairs requires applicants to submit a copy of their DD-214 and if applicable a VA Rating letter.
No other documentation will be accepted, with the exception of a DD-1300 for the Gold Star Lapel Button plate, and certain documents for Active Duty Service Members who have not received a previous discharge. See the FAQ Section below for more information.
Only a NC Department of Military and Veterans Affairs Accredited Service Officer may certify this section in accordance with N.C.G.S § 20-79.4, and all applicable regulations of the Department of Military and Veterans Affairs.
Submit a copy of your DD-214 #4 that meets the following requirements:
- Honorable/under honorable conditions discharge AND ONEof the following service requirements
- Two years of Active Duty Service for those who enlisted after September 9th 1980 OR
- 180 Days of peace time active duty service if enlisted prior to September 9th 1980 OR
- 90 days of war time service if enlisted prior to September 9th 1980
*National Guard/Reservist must have been activated Federally and completed their full term of service, a DD-214 would be issued for those activated. NGB22s Do not satisfy the requirement.
For Iu How Do I Prove That The Work Is Sheltered Due To My Ptsd
Even if a veteran is working in a sheltered environment or not earning substantially gainful employment, the VA doesnt stop there. VA will evaluate the nature of the employment, the skills of the veteran and how PTSD affects him. It will determine if there is non-protected or full-time work that the veteran can do.
You must show that while the veteran may be currently employed it is marginal work. The veteran does not have the ability to perform work with reasonable consistency due to his PTSD. To win IU the best evidence for an IU determination is an opinion from a vocational expert or a medical doctor. This expert would have to state that due to her PTSD, the veteran is unable to maintain substantially gainful employment.
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Vocational Rehabilitation And Employment Service Records
Records from VAs Vocational Rehabilitation and Employment can be favorable evidence in many cases and readily available for veterans seeking individual unemployability benefits to access. Veterans can apply for this program when looking to rejoin the workforce with a service-connected disability. Sometimes this program finds that the veteran is not able to be rehabilitated, which can prove to be favorable evidence in a claim for individual unemployability benefits.
Who Can Help Me Receive Va Disability Compensation For Individual Unemployability
Even if the Department of Veterans Affairs has denied you a TDIU rating in the past, you may still have a chance of winning your individual unemployability case. If you need help receiving compensation from the VA for individual unemployability, you should consider contacting an experienced VA disability attorney in your area.
If you do not meet the criteria for a TDIU rating, please keep in mind that you might be able to petition the Department of Veterans Affairs for an extra-schedular rating at 100%. This means that you will be considered as a special case outside of the VAs regular rating system.
The Department of Veterans Affairs looks at your education, work history, and medical records to make a determination. In order to build a strong case, its important that you work together with your VA disability compensation attorney to gather evidence to prove your claim.
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Did Va Know That My Ptsd Keeps Me From Working
There are a couple of ways to answer the second question. The first possibility is that the VA received evidence of the veterans unemployability when she filed a claim for service-connection. If the VA grants service-connection for the PTSD and awards TDIU, the IU effective date would be one of two. First, it could be the date the VA received the claim for service connection. Second, it could be the date the veteran first became unemployable due to his or her service-connected disabilities. The VA will assign an effective date for whichever is later.
If the VA first received evidence of the veterans unemployability during a claim for increased PTSD rating the effective date for an award of TDIU would be one of two dates. First, the date the VA received the claim for an increase in PTSD rating. Second, the date the veteran first became unemployable due to his PTSD, whichever is later.
As you can see, this can be a tricky determination to make, so it is always important to analyze the effective date set by the VA to see whether they got it right.
About The Individual Unemployability Benefit Program For Veterans And How A Va Disability Benefits Lawyer In Greenville Sc May Help
As mentioned above, the program offers total disability benefits to veterans with a disability rating of minimum 60%, even lower in special cases reviewed individually, under specific requirements, listed below:
- The applicant should be a veteran and have at least one service-related disability
- Applicants with only one service-related disability should have a disability rating of no less than 60%
- Applicants with two or more service-related disabilities should have the minimum rating for one service-related disability of 40%, and the combined rating of all their service-related disabilities of at least 70%
- The service-related disabilities should prevent the applicant from securing substantially gainful employment
Of course, applicants need to prove their eligibility. Here is some of the evidence required:
Greenville SC veterans who meet the above-described eligibility criteria and can provide the required evidence have three options when applying for Individual Unemployability benefits:
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How To Apply For Individual Unemployability Benefits
There are a few ways to apply for individual unemployability benefits. You can complete VA Form 21-8940 . This form will ask you to submit details on your disability and medical treatment, your work history over the last five years, and any type of education and training you had before becoming disabled and being unable to work. It can be mailed to the VAs claims intake center or via fax.
You can also go to a local VA regional office to get assistance filing out the application or work with an accredited attorney, claims agent, or veterans service organization representative. The last option available is applying through eBenefits, which offers a comprehensive way to apply and manage your benefits online.
If you are approved for disability compensation, you will be issued benefits each month. You may be able to receive extra monthly compensation on top of your benefits in the event you have dependent children and parents. Back pay could also be owed to you. This is the money that should have been given to you while waiting on the VA to make a decision on your claim.
What If I Dont Meet The Va Disability Rating Criteria For Tdiu Benefits Eligibility
To summarize, according to 38 CFR § 4.16, the VA allows veterans with total disability ratings less than 100% to be eligible for TDIU by adhering to the following guidelines:
So, what if you do not meet those requirements but you still cannot work? All is not lost. The VA can grant TDIU according to outside factors not specified in that statutethese are called extra-schedular requirements.
These standards are much broader than the traditional schedular rating. Outlined in 38 CFR § 4.16 , in order to be considered for extra-schedular evaluation, two principles must be met:
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What Can I Expect From The Application Process
The first step of the process involves gathering evidence and putting together an application that proves you qualify for TDIU. This evidence includes:
- Proof that you have a service-connected medical condition. You can use your military service records, medical records, physicians statements, and other evidence to draw a causal link between a specific event in your military service and your current, diagnosed medical condition.
- Evidence that your service-connected medical condition causes physical or mental limitations that are significant enough to make it impossible for you to obtain and maintain substantially gainful employment. Again, you can prove this using your medical records, diagnoses, lab test results, as well as statements and observations from your co-workers and managers.
- Proof of a VA disability rating of 60 percent or higher if you are applying for TDIU with a single service-connected medical condition, or a combined VA disability rating of 70 percent or higher with one condition receiving a rating of 40 percent or higher on its own if you are applying for TDIU with multiple service-connected conditions.
After applying, you might have to wait several months to hear back from the VA, but once you receive a grant, you will be eligible for retroactive benefits that cover the period from when you submitted your application to when you received a grant for benefits.