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.
How Do I Get These Benefits
Youll need to file a claim for disability compensation. When you file, youll have to provide evidence showing that your disability prevents you from holding down a steady job. Well also review your work and education history. Example: A Veteran has a service-connected heart condition and a 60% disability rating. She was still able to work until last year when she began to get chest pain when doing anything physical, like walking or lifting boxes. Her doctor told her to retire as soon as possible. She filed a claim for more disability compensation. We reviewed her work and education history and agreed that she was individually unemployable because of her service-connected disability. So we increased her disability compensation to the same rate as a 100% disabled Veteran.
When you file a disability claim, youll also need to fill out these additional forms for Individual Unemployability benefits:
- A Veterans Application for Increased Compensation Based on Unemployability
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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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.
What Is A Va Form 21 8940
This is a form that is used by the Department of Veterans Affairs in the United States. The VA Form 21-8940 is known as a Veterans Application for Increased Compensation Based on Unemployability. This form will be used by veterans who are claiming they have a total and permanent disability that keeps them from working.This form must be filled out completely in order to receive VA benefits. The first section will require personal information, such as name and address. The second section is for information related to your disability and medical condition. The next section will ask for information about your employment history. This is the longest section on the form. The last section will ask about your education. After you have included all this information, you can sign and submit the form.Individuals who have a disability and meet medical criteria may also qualify for Social Security disability compensation.
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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.
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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S For Writing Your Statement In Support Of Claim
When filling out a VA form 21-4138, you will first need to provide some identification information, including:
- Full name
- Veterans social security number
- VA file number
- Telephone number
- Email address
- Mailing address
You can write in this fillable information by hand or type it on your computer. Remember that veterans can also ask a family member to fill it out for them. Make sure this requested information is completely correct, as it will enter the VA system of records. You can then begin writing your statement in support of claim.
When writing your statement in support of a claim, its important to determine the scope of the statement, determine what you want to prove, and fill in any gaps from past statements. Here, we will break down these three steps.
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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.
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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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.
What Is Veterans Administration Individual Unemployability And How Do I File For It
If you cant work because of a military service-connected disability, you may qualify for Individual Unemployability . This means you may be able to get disability compensation or benefits at the same level as a Veteran who has a 100% disability rating.
There are two ways to apply for and receive a 100% military service-connected disability rating from the VA.
The VA web site https://www.va.gov/disability/eligibility/special-claims/unemployability/ explains what IU is, what qualifies you for IU, and what forms and evidence you need to submit to file a claim for IU.
You may be eligible for IU if you meet both of the requirements listed below.
EDITORS NOTE
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Individual Unemployability: Do You Qualify
The process of applying for a TDIU rating can be filled with complications because of the process used by the VA to determine who is eligible to receive this type of compensation. Ultimately, the most basic requirement to qualify for TDIU is that your service-connected impairments must preclude your ability to obtain and follow a substantially gainful occupation . Per the VAs definition, an SGO is employment in which non-disabled individuals earn their livelihood with earnings comparable to the particular occupation in the community where the Veteran resides. It suggests a living wage. If a veteran is unable to maintain an SGO, he or she qualifies for TDIU because by the VAs standards he or she is unable to support him- or herself due to service-connected disability.
The next requirement the VA considers is your schedular rating. Under 38 CFR 4.16, a veteran must have a single disability rated at least at 60 percent, or if there is more than one rated disability, at least one must be 40 percent and the other disabilities must combine with that rating to form a total disability rating of 70 percent. In this circumstance, the veterans TDIU claim will then be adjudicated by any decision maker in any of the VAs regional offices.
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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What Type Of Information Is The Va Requesting From The Veterans Former Employer
On VA Form 21-4192, the employer will need to provide the following:
- The veterans dates of employment
- The type of work he or she performed
- How much his or her earnings were
- The amount of time lost due to disability
- Hours worked daily and weekly
- Any concessions made for the veteran on account of age or disability
- Reason for termination
- Date last worked
- Date of last payment, including payment amount and date paid
- If the veteran receives sick, retirement, or other benefits from the employer, including the type of benefit and gross monthly amount of benefit, and the dates the veteran has been and will continue to receive the benefit
The VA is not allowed to deny a TDIU claim solely because an employer failed to return a completed VA Form 21-4192.
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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.
What Is A 100% Va Disability Rating
Understanding the policies, procedures and terminology of the Department of Veterans Affairs isnt easy. Even considering filing a benefits claim can feel daunting. Terms like 100 percent VA disability rating might not mean much to the average person, but for any serviceman or woman hoping to receive benefits, understanding these concepts is important.
The VA rates all disabilities on a scale from zero to 100 percent. The more severe a disability, the higher the score. The VA will then take each individual rating and run it through their chart to determine an overall rating. This is not regular math it is a special chart they use to calculate overall rating. There are two ways to reach an overall 100% rating schedular basis you are granted total disability based on individual unemployability . This means you dont have an overall 100% but the VA will pay you at 100% level if you are deemed to be unemployable due to your service connected conditions.
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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.
Tips For Filling Out The Vas Unemployability Form
Total Disability Individual Unemployabilitywith the acronym TDIUis part of the VAs disability compensation program. If your service-connected disabilities prevent you from being able to get and keep a job, TDIU allows your to have your disability rating raised to 100 percent even though the rating on your disabilities do not equal 100 percent. Unemployability is the VAs way of acknowledging that some veterans with disability ratings below 100 are unable to work due to their impairments.
Frustratingly, the VAs application form for TDIU is one of the hardest and most confusing to fill out. But, here are few tips to make this chore a bit easier.
The first section of the form will ask you about your disability and your medical treatments. You will be asked What service-connected disability prevents you from securing or following substantially gainful employment? This can be a tricky question. If your service-connected disability is PTSD, for example, but you are unable to work due to knee injury, then dont put PTSD in the box. Instead, we recommend that you list the knee injury. Then when your knee injury is judged to be service connected, your claim for individual unemployability will already be on file. If you have multiple disabilities that prevent you from working, only list the top two.
If you are considering filing for TDIU benefits, call us at Cuddigan Law. Our VA accredited attorneys are ready to fight for your rights and the benefits you have rightly earned.
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