How To File For Iu
To get Total Disability based on Individual Unemployability benefits, a Veteran must make sure that their disability claim for the VA includes the following information:
- Clear medical information supporting the Veterans statement regarding their physical and mental health. This should include all the documented information you have, such as medical exam records, hospital records , and outpatient records. If the VA considers your medical information insufficient or inconsistent, they may mandate a C& P exam
- Detailed work history of the five years prior to acquiring the service-connected disability or disabilities preventing the Veteran from sustaining gainful employment, and records of any work performed after acquiring the injury or disability. This should contain information about all work, including sheltered work or work in a family business
- A statement from every employer you have worked for during the year prior to becoming unable to maintain gainful employment
- If you get Social Security Disability benefits, you should include all relevant Social Security Administration information as well
- If you have undertaken the VAs Vocational Rehabilitation and Employment Service , but the vocational rehabilitation was found impractical because of your condition, include all relevant information.
Legal Requirements For Qualifying As Unable To Work
What counts as unable to work in the eyes of the law and the VA?
According to the VA, substantially gainful employment is employment at which non-disabled individuals earn their livelihood with earnings comparable to the particular occupation in the community where the Veteran resides.
In simpler words, if a disabled Veteran can make an income that is similar to non-disabled people employed in the same field, he or she is considered able to work.
To count as substantially gainful employment rather than marginal employment, the income would have to be higher than the poverty threshold per the Census Bureau. In 2016, this was $12,486 per year for an individual under the age of 65 and $11,511 for individuals aged 65 or older.
Exceptions to these rules are disabled Veterans who are self-employed, work in a family business, or find employment in a sheltered environment. In those cases, the VA may consider you for Total Disability based on Individual Unemployability benefits even if you earn an income higher than the poverty threshold.
If you earn money through the Veterans Health Administrations Compensated Work Therapy Program , this will not count as income when the VA considers your eligibility for TDIU.
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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Faq: Individual Unemployability Requirements
Do I need both mental and physical conditions to get IU?
No. According to the VA Unemployability requirements you do not need both a mental and physical condition. If just your mental or physical conditions are severe enough, you are within the VA Unemployability requirements.
Will the VA consider all my conditions for IU benefits?
The VA is going to consider all service-connected mental and physical disabilities. Individual Unemployability requirements also make the VA look at your secondary service-connected disabilities.
What if the VA says Im not eligible under the VA Unemployability requirements?
If you were denied for not meeting the Individual Unemployability requirements in the last one year you can appeal. If you were denied for not meeting the VA Unemployability requirements over 12 months ago, you can file a new application. Remember, a denial is not the end of your IU claim.
Can I get IU benefits for PTSD?
Yes. If your mental conditions are severe enough you could receive PTSD Individual Unemployability benefits. Remember, the VA will consider more than just your PTSD. You could receive a combined rating if you have other mental and physical impairments.
How much do IU benefits pay monthly?
To see the current pay rates, click this link for the Individual Unemployability fact sheet.
What if my disabilities have worsened since my last Rating Decision?Should I apply for IU if I have a 100% rating?Are IU benefits permanent?
How Do I Receive Tdiu
To receive TDIU benefits, the veteran must apply for disability compensation and fill out two additional forms:
- Veterans Application for Increased Compensation Based on Unemployability
- Request for Employment Information in Connection with Claim for Disability Benefits
You have to provide medical evidence in support of your disability benefits application. That evidence may include doctors notes, medical test results, and other documentation. The VA will also review your work and educational background. This evidence is used to determine whether you are able to hold down any sort of gainful employment.
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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.
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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I Was Denied Tdiu Benefits Can I Appeal
Yes you can challenge the VAs decision to deny TDIU benefits. You have a one-year window in which to appeal your claim, so it is imperative to take swift action. You want to be represented by veterans appeals lawyers who specialize in VA compensation claims and appeals.
If you miss the one-year timeframe, you can re-apply, but you will have lost valuable time. If you do reapply, please contact us to discuss your case. We can help you avoid the pitfalls encountered in your initial application.
TDIU claims are denied all the time, often because most veterans dont realize that it is hard to get it done right. Winning them depends on the strength of evidence you submit to the VA, and how well that evidence is presented.
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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Four: Review Of Evidence
This step of the TDIU timeline happens when all evidence needed is received. It is possible to go backward in the TDIU timeline during this phase. If the VA determines more evidence is needed, youll go back to step three. If the VA determines you have all the evidence needed for your TDIU claim, your claim will progress to step five.
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.
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How Long Does It Take To Get Approved For Iu
Many factors play into the time it takes: your current rating, your claim file, and any past appeals, and other factors unique to your case. With the right evidence, a claim with an already high rating might take months, whereas a new claim for conditions that are not proven service-connected could go on for a year or longer.
Faq: Va Individual Unemployability Benefits
What are TDIU benefits?
Total Disability Individual Unemployability benefits are for veterans that can no longer work from mental or physical service-connected impairments.
Who is eligible for TDIU benefits?
Veterans who can prove their mental and physical impairments are service-connected are generally eligible. However, you cannot have a dishonorable discharge. There is a section later in this article dedicated to eligibility.
What if I was denied TDIU benefits?
If you were denied TDIU benefits, you may be able to appeal. Remember, you only have one year from the date of the denial to appeal. Being denied Total Disability Individual Unemployability benefits is common. Our VA benefit appeals lawyers can help.
Can I get TDIU if I was denied years ago?
If you were denied TDIU benefits years ago, you can re-apply. There is no limit to how many times you can apply for TDIU benefits.
How much do TDIU benefits pay monthly?
Total Disability Individual Unemployability benefits pay the same as a 100% VA Disability rating. Veterans who are eligible for Total Disability Individual Unemployability benefits can receive more than $3,332.06 a month. There is extra compensation for veterans who have dependent children and parents.
My TDIU appeal period is over, what now?Should I hire a TDIU benefits lawyer?What impairments count towards TDIU benefits?Who can get TDIU benefits?How long does it take to get TDIU benefits?What does it cost to hire a TDIU lawyer?
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How We Can Help
The VA benefits system can be challenging to navigate, particularly for veterans who are dealing with a service-connected disability that makes it hard for them to maintain a job that pays above the poverty level. In this situation, you may qualify for total disability benefits even if your disability rating falls below 100%. An experienced attorney can help you with your claim for TDIU.
Based in Cherry Hill, NJ, Bross & Frankel represents disabled veterans throughout New Jersey and Pennsylvania with their Department of Veterans Affairs disability claims. While we cannot represent veterans until an initial disability determination has been made, we are happy to help veterans understand their legal rights and options. If you decide to appeal your disability determination or to file for TDIU benefits, we are here to help. To learn more or to schedule a free claim review with a New Jersey veterans disability lawyer, call us today at or fill out our online contact form.
Speak with an experienced disability lawyer about your claim today.
- Social Security Disability / SSI Claims
- Veterans Disability Compensation & Pension
- Long Term Disability Claims / ERISA Benefits
- Workers Compensation Claims
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 ANDONEof 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.
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What Are The Benefits Of Individual Unemployability
Individual Unemployability is a unique part of VAâs 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.
How Do You Apply For Iu Benefits
There are several ways that veterans can apply for IU. Veterans can apply online through www.ebenefits.va.gov or submit VA Form 21-8940. You can also work with an accredited representative or agent or visit your VA regional office to get help with your application.
The VA has online resources available to help former military service members file claims for veterans benefits, including those for IU.
Once accepted, veterans will begin IU enrollment and start receiving monthly payments.
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Have Questions About Your Entitlement For Individual Unemployability Benefits
If your service-connected disability is preventing you from getting or holding substantial gainful employment, you may be eligible for additional veterans compensation. If the VA denied your claim for IU, the team at Hill & Ponton is here to help. Our attorneys focus on social security disability and veterans disability, helping individuals and families obtain the compensation they need. Contact us today for a case evaluation.
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Va Individual Unemployability Lawyer
Individual Unemployability benefits are given to veterans with service-connected disabilities that prevent them from keeping or obtaining substantial gainful employment. In other words, if a veterans disabilities prevent him or her from working or accomplishing minimal work, he or she may be eligible to receive Individual Unemployability benefits. The important aspect of TDIU is that it enables the VA to pay certain veterans disability compensation at the 100% rate even if the veterans disability rating is lower than that.
If a Veteran has at least one service-connected disability rated at least at 60%, or two or more service-connected disabilities with at least one disability rated at 40% or more and with a combined rating of 70% or more, the veteran may qualify. The other requirement is that the veteran must prove they are unable to maintain substantially gainful employment as a result of the service-connected disabilities. If there is evidence to show that the service-connected disability or disabilities create an unusual or restrictive living situation, the requirements can be modified. For example, if the veterans disability requires frequent or ongoing hospitalizations, his or her ability to hold down a job would not be possible.
If you filed a TDIU claim and the VA denied it, contact us for help with the appeals process. We provide free consultations to veterans nationwide.
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Two: Gather Medical Evidence
If you treated with doctors outside the VA system, you should request those relevant medical records that can help prove your service-connected disabilities. For some reason, many veterans are under the impression they cannot use non-VA medical records. You can! Veterans use non-VA medical records all the time. The use of non-VA records will continue to grow as the VA expands healthcare access outside the VA system.
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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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.