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.
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.
Individual Unemployability: Understanding The Basics
News Sections: Benefits
As a VA claims processor, Veterans often ask me about Individual Unemployability , also called Total Disability based on Individual Unemployability . The following is a more formal version of what I tell them.
What is IU?
Individual Unemployability allows VA to pay certain Veterans at the 100-percent disability rate even though their service-connected disabilities are not rated as 100-percent disabling. Veterans may be eligible for this rating increase if they are either unemployed or unable to maintain substantially gainful employment as a result of their service-connected disability .
What is substantially gainful employment?
Substantially gainful employment is simply full-time employment that provides a wage greater than the poverty level. For instance, if a Veteran has been trained to drive a truck, but cant work because of service-connected back and stomach conditions, he or she may qualify for IU.
Are there any other eligibility requirements?
In order to qualify for IU, you must have one of the following:
1) a 60-percent or more disability evaluation based on a single service-connected disability or,
2) a 70-percent combined disability evaluation based on multiple service-connected disabilities, with at least one disability rated at 40 percent or more.
Since the Veteran has only two service-connected disabilities, both the Veterans PTSD and IBS have to be evaluated at a higher combined rate and be the reason he cant work to receive IU.
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How Do I File A Claim For Tdiu Benefits
Current VA policy requires a veteran to complete and submit VA Form 21-8940 before VA will decide a claim for TDIU benefits. It is imperative that a veteran who wants to be considered for individual unemployability benefits submit a VA Form 21-8940.
In some instances, VA will send you the form if the evidence in your claim expressly or reasonably raises the issue of individual unemployability benefits. But dont wait for VA to prompt you if you cannot work due to your service-connected conditions, begin the process of completing and submitting the form as soon as possible.
How Vlg Can Help
Veterans Law Group is committed to helping the men and women who so selflessly served our country. The VA is notoriously overburdened, making the claim process a challenging one. If you or someone you love needs help understanding your rights, filing a claim, or fighting for an appeal, we can help. There is no commitment or risk involved in our consultation process, and youll owe nothing until you successfully receive the benefits you deserve. Fill out this form to get started.
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Va Presumptive Conditions Decisions
The VA has created a list of medical conditions it presumes are related to certain types of military service. For example, if you served in Vietnam and develop symptoms associated with Agent Orange exposure, the VA presumes the condition to be connected with Agent Orange.
In the same way, the Department of Veterans Affairs has a set of medical issues it presumes will be permanent. Those who are awarded VA claims of 100% for PTSD may find the VA has rated them as 100% permanent and total disabled
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What Are The Benefits Of Individual Unemployability
Individual Unemployability is a unique part of VAs disability compensation program. It allows VA to pay certain Veterans compensation at the 100 percent rate, even though VA has not rated their service-connected disabilities at that level. Who Is Eligible for Individual Unemployability? You must be a Veteran.
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Straight From An Unemployability Lawyer’s 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.
How To Fill Out Your Va Form 21
Section I Veteran Identification InformationThis first section of your 8940 application is the most clear-cut section of the entire form. Here, you will enter your personal information including your full legal name, social security number, VA file number, date of birth, mailing address, and telephone number. You can also submit an email address if you have one.
Section II Disability and Medical TreatmentThis section includes boxes 8 through 13 and asks you to provide information on the medical treatment you have received for the service connected-disability which prevents you from maintaining an SGO. You will be asked to provide several pieces of important information:
- The name of the service-connected condition which prevents you from maintaining an SGO.
- Information about your recent medical visits relating to this condition, including:
- Whether or not you have been treated and/or hospitalized for this condition in the last 12 months
- The dates you have been receiving medical treatment for this condition
- The name and address of the treating doctor
- The name and address of the hospital where you were treated
- The dates you were hospitalized for this condition
Section III Employment StatementIn this section, you must include details of your employment history in boxes 14 through 22. The information this section requires includes:
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What If Im Self
Self-employment can be tricky when it comes to VA disability benefits. Thats because if you own your own business or work as a freelancer, you have control over the amount of wages you receive.
However, the VA still decides if your work is substantially gainful employment by comparing it to your work before your condition, not solely based on current wages.
Tdiu Benefits Are Equivalent To A 100% Disability Rating
Individuals who qualify for TDIU receive the same benefits as those who are rated 100% on the VAs disability ratings scale. However, TDIU is not the same as a 100% disability rating. The latter takes into account only the severity of the applicants physical and mental impairments, while the former also considers the applicants ability to work.
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Contact Phillips Law Group For A Free Consultation
Our Phoenix personal injury attorneys have helped many of our clients obtain the compensation they are entitled. We are here for you and will support you through the disability claims process every step of the way. You have the right to financial assistance when your disability is the reason you can no longer work.
Contact Phillips Law Group to schedule a free, no obligation consultation. We will review your case and help you determine if you have grounds to file a TDIU claim. We work on a contingency fee basis, so there are no upfront legal fees for our services unless we help you recover disability compensation.
Fill out our online form today or call to find out how we can help you.
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.
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How Do I Obtain A Permanent And Total Disability Rating
The first thing you must do to obtain a permanent and total disability rating is to prove that your condition is service-connected.
There is no VA benefits application for permanent and total disability. But if you believe that your total disability is unlikely to improve, and you have supporting evidence for this, you can write a letter to the VA requesting them to find you permanently and totally disabled. You should include medical evidence in your letter to support the request, including but not limited to medical reports, doctors notes, and treatment records.
The VA may determine at the time you apply for benefits that you are permanent and totally disabled. Be prepared to support this claim in the event they dont so designate you first.
What Can Disability Law Group Do for Me?
We want veterans to get the compensation they need and deserve for the service theyve provided our country. Our team has worked with countless veterans to explain how TDIU and permanent and total disability benefits can support them. We will review your case and advise you of your legal options. If your application was wrongfully denied, well step in and appeal the decision.
Trust Disability Law Group to help with your VA benefits application.
Medical And Vocational Experts In Tdiu Claims
To secure TDIU , you are very likely going to need expert support either a Vocational or Occupational expert evaluation and report, or a medical expert opinion from your treating physicians.
Watch a video interview with just such an expert for TDIU claims.
The BVA has frequently held that the Veterans opinions and assertions that he/she is unable to maintain gainful employment due to his/her service-connected condition is not a competent medical opinion.
Post your questions or comments on TDIU below I cant respond to personal questions, but I will look for common questions about TDIU that many veterans have or unique questions about TDIU that I think veterans can benefit from.
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Contact A Veterans Disability Law Firm For More Information
If your service-related injury has precluded you from engaging in steady, meaningful employment, you may qualify for TDIU benefits. An experienced attorney can help evaluate your situation, gather relevant evidence, and submit the best case possible to the VA. To get started, please contact the veterans disability law firm of Turley, Redmond and Rosasco by using our online form or calling us at 516-745-5666 , 631-582-3700 , or 631-399-0400 . We serve New York City and Long Island, including Nassau County and Suffolk County
Income Limits For Tdiu Benefits
There is not an official income limit regarding the receiving of TDIU compensation benefits. The main limit written into law is that the veteran is unable to maintain substantive gainful employment. The exact definition of gainful employment, however, remains murky.
The simplest way to know you have a chance to qualify for TDIU benefits are to meet one of the following three criteria:
- You currently are not working due to being unable to work
- You have been able to work but unable to make an income above the poverty level
- You are working but in a specialty sheltered position designed to accommodate your service-connected disability
If you meet these criteria you may qualify for TDIU compensation.
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Am I Still Eligible For Total Disability Individual Unemployability If Im Currently Working
If you are currently working but dont earn more than the federal poverty threshold, then the VA may consider that to be marginal employment.
If you are currently working in a protected work environment, for example, a family business, or at a job that allows specific accommodations, and your earnings are above the federal poverty threshold, you may still be entitled to TDIU benefits, because the VA does not consider a protected work environment to be substantially gainful employment.
Why Was My Tdiu Claim Denied
Sometimes, an application for Total Disability based on Individual Unemployability is denied even though the Veteran has provided complete medical documentation and compelling reasons for his or her unemployability. This could happen because of mistaken considerations by the VA.
To prepare for these hangups, it helps to have a trusted attorney on your team. With the firepower of Berry Law, you can rest easier knowing that our Veteran attorneys will investigate any incorrect considerations by the VA.
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What Type Of Benefits Might Ireceive From Tdiu
As of December 2019, the veterans disability compensation rate for 100 percent disability ratings ranges from $3,221.85 to $3,499.81 per month. The payment amount varies if you have children, a spouse, or parents dependent on your compensation.
In many cases, an Individual Unemployability status is not automatically permanent the VA requires veterans to fill out an annual Employment Questionnaire ” rel=”nofollow”> VA Form 21-4140) to continue benefits. The annual form checks to see if your condition has improved, warranting a lower rating, or if youre able to return to work.
The VA can grant permanent Individual Unemployability benefits on a case-by-case basis. Youll know your benefits are permanent if your Rating Decision states that no future exams are scheduled, or if a box checked indicates that your 100 percent disability is permanent.
How Do You Prove Individual Unemployability To The Va
You should provide the VA with any and all documentation you can come up with including:
- Evidence of your service-connected disabilities as described above, this can be a copy of your VA disability rating letter. If you don’t have a copy of your VA letter, you can just send them a statement that you do have the qualifying disability rating from the VA .
- A written notification that the disability or disabilities prevent you from performing the mental and/or physical tasks required to get or keep substantially gainful employment, this can be in your own words. If you have any medical diagnosis send copies of it to the VA, this will speed up the decision.
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Veterans Disability Law Firm For Tdiu Benefits
When injured veterans return home, many find that they are not able to engage in the same type of employment they did before their service. When that occurs, the VA offers disability benefits commensurate with the veterans reduced capacity for employment. But in some cases, a veterans physical and mental disabilities are so severe that the veteran cannot work or is unable to holding down employment. Such individuals may qualify for Total Disability Individual Unemployability benefits. Contact our veterans disability law firm if you have questions about your entitlement to such benefits.
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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How Much Does A Va Individual Unemployability Attorney Cost
The VA individual unemployability attorneys at Chisholm Chisholm & Kilpatrick work on a contingency fee basis, meaning there is no cost to the veteran unless we win retroactive benefits for you from VA, otherwise known as back pay. VA disability attorneys cannot charge veterans more than 33% of retroactive benefits plus added expenses such as outside experts.
Why Would Someone Want A 100% Rating Versus Unemployability
The biggest difference between unemployability and a 100% disability rating comes down to the work restriction imposed by unemployability. There is a myth that a veteran cannot hold any employment while receiving unemployability, and while that is not the case, there are restrictions on what employment a veteran can hold.
The VA may grant unemployability when a veteran is unable to secure or maintain a substantially gainful occupation due to their service-connected disabilities. The courts have determined that substantially gainful occupation means employment where a veteran earns more than what the current federal poverty level is for an individual. Right now, the current poverty level is around $12,000. This means that an employed veteran who earns $12,000 or less per year can still be eligible for unemployability even though they are employed.
There are no restrictions on a veterans ability to work with a 100% disability rating.
However, with unemployability, the VA can and will revoke unemployability if a veteran becomes employable again.
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What Can I Do If My Individualunemployability Application Is Denied
If your application for Individual Unemployability is denied, you have one year to file an appeal and ask the VA to reconsider. To start the appeals process, youll file a Notice of Disagreement . On the NOD, youll choose whether youd like your appeal to be reviewed directly by a veterans law judge, or through a Board hearing.
After review, either the judge or the Boardwill make a decision. If you dont agree with the new decision, you can furtherappeal to the Court of Appeals for Veterans Claims. A VA-accredited attorney isrequired in this step.
