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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How Much Can I Earn For My 100 Percent Va Disability Rating
As we noted above, the monthly benefit amount is the same for 100 percent disability and TDIU. However, you can receive more per month if someone relies on you for financial support. A 100 percent disability rating garners $3,106.04 per month for a veteran alone as of 2020. Additional compensation depends on how many dependents you have:
- A veteran with a spouse receives $3,279.22
- Veteran with spouse and child: $3,406.04
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Working With An Accredited Representative
VA encourages individuals who are applying for disability compensation to work with an accredited representative or agent to assist them in completing Fully Developed Claim for submission through eBenefits. Being accredited means organizations and individuals must have VA permission to represent Veterans before the Department in their claims for VA benefits. The purpose of this requirement is to ensure that Veterans have qualified and competent representation. These individuals receive specialized training in VA benefits law and procedure. You may search for an accredited representative in eBenefits on the Manage Your Representative for VA Claims page.
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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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Social Security Disability Awards
Typically, disabled veterans are awarded Social Security Disability benefits before receiving their entitled VA unemployability benefits.
Social Security Disability benefits can be used to strengthen Total Disability Individual Unemployability claims, especially if the social security award covers the same disability involved in the TDIU claim.
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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.
How To Apply For 100% Va Unemployability
There are three ways to apply for VA unemployability, also known as Total Disability Based on Individual Unemployability or TDIU:
- You can use the Department of Veterans Affairs websites eBenefits portal.
- You can do it in person at your local VA office. The benefit here is that a field representative from the VA will walk you through the process. For help locating the nearest office, use the location directory on the VA website.
- You can apply with the help of a legal representative or accredited VA claims agent.
The form asks for information, such as:
- The nature of your service-connected medical condition that prevents you from maintaining substantially gainful employment
- Whether you have been hospitalized or under a doctors care during the past 12 months
- The date you became too disabled to work
- Your employment history for the last five years you worked
- All education and work-related training you received before and after becoming too disabled to work.
It is vital to make sure you have all the documentation you need for a successful claim. If you have already applied for VA unemployability but received a denial from the VA, our team can help you appeal the VAs denial.
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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.
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How Is The Effective Date Of Individual Unemployability Back Pay Determined
Your effective date differs based on a few factors. In essence, your effective date is the date the VA was first given evidence that your disability causes you to be unemployable. This could be the date you first filed your application for Individual Unemployability, but more likely, it is much earlier. For instance, if your doctor noted in your VA medical record prior to your Individual Unemployability application that you were struggling to maintain gainful employment on account of your disability, this could be your effective date. This is why it is crucial to work with an experienced VA disability lawyer. They will scour your paperwork in order to determine your true effective date so that you can recover accurate Individual Unemployability back pay.
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What Evidence Will I Need To Provide To Support My Claim
You can help to support your VA disability claim by providing documents, such as:
- VA medical records and hospital records that relate to your claimed illnesses or injuries or that show your rated disability has gotten worse
- Private medical records and hospital reports that relate to your claimed illnesses or injuries or that show your disability has gotten worse
- Supporting statements youd like to provide from family members, friends, clergy members, law enforcement personnel, or those you served with that can tell us more about your claimed condition and how and when it happened or how it got worse
Depending on the type of claim you file, you may gather supporting documents yourself, or you can ask for our help to gather evidence.
Well also review your discharge papers and service treatment records.
Please note: You dont have to submit any evidence to support your claim, but we may need to schedule a claim exam so we can learn more about your condition.
You should also know that you have up to a year from the date we receive your claim to turn in any evidence. If you start your application and need time to gather more supporting documents, you can save your application and come back later to finish it. Well recognize the date you started your application as your date of claim as long as you complete it within 365 days.
Which Veterans Currently Get Va Unemployability Benefits Each Month
You may wonder which veterans benefit most from the VA unemployability program. According to A 21st Century System for Evaluating Veterans for Disability Benefits, IU is a fast-growing compensation option for vets. According to the VAs annual finance report, in FY2020, 373,205 vets got IU benefits. Veterans from these service eras qualified for VA unemployability benefits from 2000-2006, per the SSA:
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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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Individual Unemployability Claims Lawyer
When a service-connected disability prevents a veteran from working, the VA is authorized to pay the veteran at the 100 percent rate, even if the veterans service-connected disability is rated less than 100 percent. This is called a total disability rating based on individual unemployability . If you have a service-connected disability that prevents you from working, then you may be entitled to a TDIU rating.
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Tdiu Factor #: Social Security Disability
Receipt of these benefits is relevant information.
SSDI requires that a person be unable to participate in substantial gainful activity in order to be considered disabled. .
If the SSDI is approved based solely on your service-connected disability, this is a very relevant factor for the VA Regional Office to consider.
Frequently, SSDI is approved for a collection of conditions that preclude the Veterans ability to participate in a substantial gainful activity. These often leads to confusion for Veterans who believe that their SSDI was based on Condition A which is service-connected, but in reality the SSDI Decision was based on Condition A and Condition B .
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Are There Any Limits On A Veterans Right To Apply For Tdiu Benefits
The time between when your injury occurred and when you apply for TDIU does not matter, and there is no statute of limitations on your right as a veteran to file for disability compensation. Regardless, it is best to work with an attorney on applying for TDIU benefits sooner rather than later to ensure all of the evidence and medical data necessary is adequately gathered and compiled.
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What You Need To Know Before Filing A Tdiu Claim
Receiving the compensation you are due for a service-related disability can be a complicated and often frustrating process, particularly if you need to file a TDIU claim. If you are a U.S. Military veteran with a service-related disability and should be eligible for TDIU, we may be able to help you navigate the process.
Asking The Va To Make Your Rating Permanent
If you don’t see any pertinent language in the decision letter and you’re really not sure if the VA considers your disability permanent, do not call them and tell them you want to know if it is permanent. For example, you might ask them if it’s permanent because you need help paying for your child to go to college. But decisions to make a rating permanent are not made based on your financial need.
Instead, write a letter to your VA Regional Office and request a permanent rating. Provide medical evidence to the VA showing that your medical condition cannot be expected to improve in the future.
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What Is Unemployable Vs Unemployed
Being unemployable and being unemployed are notsynonymous for the purpose of determining entitlement to an TDIU rating under 38 CFR 4.16.
A Veteran may be unemployed and even have ahistory of unemployment from several jobs, but not be incapable ofsubstantially gainful employment . Unemployment can be dueto economic factors, work performance issues, or other reasons and notnecessarily related to being unable to secure or follow substantially gainfulemployment due to an SC disability.
A Veteran might also be unemployed from onejob due to an SC disability, but still be capable of securing or followinganother substantially gainful occupation.
Substantiallygainful employment isdefined as employment at which non-disabled individuals earn their livelihoodwith earnings comparable to the occupation in the community where the Veteranresides. It suggests a living wage.
Substantiallygainful employment is
- Competitive employment, and with
- Earnings exceeding the amount established by the U.S. Department of Commerce, U.S. Census Bureau, as the poverty threshold for one person.
Reference: For more information on thedefinition of substantially gainful employment, see
Va Considerations When Deciding Tdiu
When decidingan TDIU claim, the rating activity must consider
- The Veterans current physical and mental condition
- The Veterans employment status,including the
- nature of employment, and
- reason employment was terminated, and
When assessingthe competence, credibility, and weight of evidence, no single factor hasinherently more weight than another in determining the outcome of an TDIUrating decision once the evidence shows that the Veteran is no longer gainfullyemployed.
A decisionmaker must consider all factors contextually. Assignment of weight forthe different factors is and must remain contingent upon the entire evidentiarypicture as found in the individual TDIU claim. Examples of relevantfactors include
- The impact of the SC disabilities, individually and in combination, on current work functioning
- Occupational history, including
- self-employment
Determinewhether the severity of the SC disabilities precludes the Veteran from securingor following substantially gainful employment.
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Considering Occupational History In Tdiu Claims
A Veterans occupationalhistory is not determinative of the outcome of a claim for TDIU unless theVeteran is currently gainfully employed. However, occupational history isa factor that must be weighed in decision making. In weighing therelevance of occupational history in claims for TDIU, consider the factorsbelow.
- When a Veteran is currently working or the evidence shows the Veteran is capable of working but unemployed, determine whether the ability to sustain employment is marginal as discussed at M21-1, Part IV, Subpart ii, 2.F.1.d and e.
Reference: For more information on weighingevidence in rating decisions, seeM21-1,Part III, Subpart iv, 5.A.
Tdiu And Permanent And Total Disability Requirements
A VA determination that you are disabled will help you get the compensation you need. But it may not be a permanent designation, and the VA can later attempt to reduce your rating. Fortunately, there are options for some veterans to be considered totally and permanently disabled, and for that rating to be protected from future decreases.
Disability Law Group is here to answer your questions and make sure you get the maximum VA benefits available to you under law. We will help you not only apply for monthly compensation but appeal any unfair adverse decisions.
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How A 50 To 70% Va Rating Can Get You To 100%
Many veterans have difficulty keeping a job because of service-connected disabilities. Pain from physical conditions can make it difficult to focus and concentrate. Medications can cause side effects which do the same thing. Mental conditions like PTSD can make it difficult to work with others in a job setting.
Sometimes, a combination of several different service-connected conditions makes it difficult to work. Other times, one service-connected condition alone is severe enough to make you unemployable.
Certain VA ratings for certain service-connected conditions often cause unemployability because of the symptoms VA requires to qualify for these ratings. This article will discuss some of the VA ratings between 50 and 70 percent that could make you eligible for a 100 percent rating for TDIU if you apply.
Frequently Asked Questions: 90 Percent Va Disability Ratings
What does a 90 percent VA Disability rating pay monthly?
The Veterans Administration will pay $1,887.18 monthly to veterans who are eligible according to the 2021 ratings tables. There is also extra monthly compensation available to veterans who have dependent children and parents. If you are approved at a 90% rating, you may also be eligible to receive back pay.
Is it hard to get a 90 percent VA Disability rating?
Some veterans have a clear-cut case where there is no question they deserve a 90% rating. For other veterans, you are going to have to jump through hoops to obtain a 90% rating from the VA. There is no quota of 90% ratings the VA must handout. Each VA claim is decided on a case-by-case basis. Your case will be decided solely upon the merits of your claim.
What are my chances of getting a 90 percent VA Disability rating?
If you provide relevant medical evidence, meet numerous deadlines, do excellent legal research, and correctly fill out all the paperwork, your chances will increase. Many veterans lose their claim because they did not provide evidence to prove they deserve a 90% rating.
What if I think I deserve a 90 percent VA Disability rating and was denied?
If you were denied a 90% rating within the last year, you may be able to appeal the VAs bad decision. If you were denied over a year ago, you can re-apply for your 90% rating. You can apply for VA Disability benefits as many times as you like there is no limit.
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% Disability Rating Qualifying Criteria
There are two ways a veteran may be assigned a 100% disability rating:
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