How To Get Unemployability With The Va

Faq: Individual Unemployability Requirements

TDIU: How to get VA Unemployability

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?

What Medical Records Does The Va Usually Look At When Reviewing Your Case

Since the VAs decision is based on your medical records, expect them to review the following items that may apply to you:

Occupational evaluation from a VA clinical social worker
Disability examination report from a physician or psychologist

Report from a vocational specialist or medical doctor that states you cannot work and why
Termination notices, employment records or statements from past job

Unfortunately, this rule prohibits the VA from considering disabilities that arent service-connected in deciding your case.

Can Tdiu Payments Be Taken Away

The VA reserves the right to reduce or terminate unemployability benefits under certain circumstances. In particular, this may happen if the VA determines the Veterans disability rating and impact on life has become low enough to enable them to earn a living above the federal poverty level without special accommodations.

For this reason, Veterans who receive VA unemployability benefits must complete VA Form 21-4140 every year to verify there have been no substantial changes in their VA disability rating or ability to work. Veterans must submit the form within a set 60-day deadline, or they risk having their benefits reduced automatically.

However, an individual employability rating can become permanent with time. If a Veteran has been receiving Total Disability based on Individual Unemployability for 20 years or more, their benefits will usually become permanent. They will not need to file the form to verify their disability rating again as long as they have kept their records up to date.

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Understanding The Va Rating System

If you file a disability claim and VA approves it, your claim will be assigned a specific rating to represent how significantly your life has been affected by injury.

The rating schedule is important, because it will determine the amount of monthly compensation you qualify to receive. Generally, the severity of the injuries or disabilities directly correspond with higher benefit rates.

If you do not receive a full rating, you can still qualify for additional compensation through TDIU.

Considering Occupational History In Tdiu Claims

Unemployability is a benefit so the VA pays veterans at the 100% ...

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.

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A Va Regional Offices And The Board Of Veterans Appeals Can Grant A Tdiu If A Veteran Meets The Qualifications Above And:

Has at least one service-connected disability rated at 60 percent or more

Has multiple disabilities, at least one of which must be rated at 40 percent or more and when combined earn a rating of 70 percent or more

There are special rules that allow a veteran to combine multiple service-connected disabilities together to count as one disability for purposes of obtaining a TDIU. Because these rules are very complicated, it is best to have an experienced attorney review your case to determine whether a TDIU is a possibility.

The VA will also consider TDIU benefits for veterans who do not meet the minimum disability rating requirements if they demonstrate exceptional or unusual circumstances.For example, their disabilities might directly interfere with their employability or require frequent hospitalization that makes steady employment impractical. If a veteran does not meet the disability rating thresholds above but is still unable to secure or follow a substantially gainful occupation, then the VA must refer the case to the Under Secretary for Benefits or the Director of the Compensation Service to determine whether a TDIU is proper. If the Under Secretary or Director decides against the veterans claim, the veteran can appeal that decision.

The Benefits Of Hiring A Lawyer

There are many potential benefits to hiring a lawyer if you find yourself with questions about disability benefits. A Total Disability Individual Unemployability Lawyer with experience in cases like these can explain your options, so you can make the best decision possible for you and your loved ones.

Being left unable to work and earn wages can be very stressful, and you do not deserve to live with stress and uncertainty after serving your country. While this is a challenging and vulnerable time, having a lawyer in your corner can help offer a general sense of support while being available to answer your questions about the process.

Lawyers can also assist with legal paperwork so that you can save time and spend your days doing the things you enjoy. Additionally, a lawyer can help you organize the facts of your case so that you have a fair shot at compensation from TDIU.

If you are interested in learning more about TDIU or have general questions, a lawyer near you is available to help.

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Do I Have To Have 70 Percent To Be Eligible For Unemployability

No. Frequently veterans that are unable to work due to their service-connected disabilities are told by VA that they are ineligible for unemployability because their service-connected disabilities are rated less than 70 percent. This is incorrect, regardless of what percentage a veteran is assigned, if the service-connected disabilities prevent a veteran from working, they must be paid total disability individual unemployability.

The confusion arises because of VA officers and veterans service officers misinterpreting VAâs regulations. VA regulations provide that if a veteran has one-service-connected disability, to be eligible for unemployability,it must be rated at least 60-percent or higher. If the veteran has two or more service-connected disabilities, at least one of those disabilities must be rated at 40-percent or higher, and, after factoring in the ratings for the other disabilities, the veterans combined disability rating must be 70-percent or higher. Thus, veterans are told that if they do not meet these requirements, donât bother applying for unemployability. This is wrong.

That is because VA regulations also provide that âIt is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled.â

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Faq: Individual Unemployability Income Limits

3 Ways to Get an Individual Unemployability (TDIU) VA Rating

Can I receive IU benefits if Im working?Yes! But remember, the Individual Unemployability income limits require you to have marginal employment or accommodations at your job. However, we find that the VA denies IU claims where the veteran is working at a higher rate than non-working veterans.

Can I get IU benefits if I do odd jobs?Yes! As long as you are working at or under the marginal level or have a sheltered job, you will be within the Individual Unemployability income limits.

Will the VA consider my assets?The VA is not going to consider your assets. For example, suppose you have your house paid off, that is not going to affect your Individual Unemployability income limits. Individual Unemployability income limits are going to consider your current income that is coming into you.

What if other people have been paying for my living expenses?A lot of veterans need help from their support system of family and friends when applying for IU benefits. That assistance is not going to be considered income for purposes of the Individual Unemployability income limits. For example, if you are a veteran who is receiving money for rent and utilities from a family member or friend, that is not considered in your Individual Unemployability income limits.

Learn More: Calculate your rating with our VA Disability Benefits Rating Calculator

Why Choose Berry Law

When you are fighting for your legal rights as a Veteran, you need an attorney who knows where you are coming from. Berry Law is a firm run by Veterans who have served in the jungles of Vietnam, the mountains of Afghanistan, and the deserts of Iraq.

We come from the Army, Navy, Marine Corps, and Air Force, and have a singular mission: helping our fellow Veterans obtain the maximum potential of their IU benefits and other legal rights.

We have you covered in every VA unemployability claim and will be there by your side to appeal VA decisions.

Berry Law was established in 1965. Over the decades, we have served thousands of Veterans from across the country. to learn more about your rights as a Veteran.

Berry Law

The attorneys at Berry Law Firm are dedicated to helping injured Veterans. With extensive experience working with VA disability claims, Berry Law can help you with your disability appeals.

This material is for informational purposes only. It does not create an attorney-client relationship between the Firm and the reader, and does not constitute legal advice. Legal advice must be tailored to the specific circumstances of each case, and the contents of this blog are not a substitute for legal counsel.

How Do You Appeal A Decision If Youre Denied A 100% Disability Rating Or Individual Unemployability

If you are denied a 100% disability rating or individual unemployability, you can appeal the decision. You can submit new evidence or provide an explanation of why the decision was wrong. You can also argue that the decision was unfair or that you deserve a higher rating.

To do this, you will need to fill out the appropriate appeal form which is available on the VA website. You have three options when it comes to appealing your unemployability denial. An experienced VA disability attorney can help you choose which appeal track is appropriate for your case. You will also need to provide evidence to support your claim. This evidence can include medical records, military records, and statements from people who know about your condition.

Appeal Tdiu Claim Denials From The Va

Unfortunately, too many veterans are denied their Total Disability Individual Unemployability benefits. Each year, tens of thousands of veterans reach out to our Individual Unemployability benefit denial lawyers because the VA system wrongly denied their claims. First, know this, a large number of veterans win their TDIU benefits appeals with the right evidence and the right lawyer helping them through the complicated VA appeal process.

If you were recently denied TDIU benefits, you may have the option to appeal the Veteran Administrations initial decision. Veterans wishing to obtain TDIU benefits must appeal within one year of the date the decision was made. Veterans that have let their TDIU appeal period collapse do have the option to re-apply for VA benefits. That means that you will have to re-submit your initial application and start the process over from the beginning.

Our VA benefits appeals lawyers have helped thousands of veterans obtain the benefits they deserve. Dont be discouraged by a denial of your Total Disability Individual Unemployability benefits. The VA regularly denies legitimate claims and many of those vets win their appeals.

In this video, veterans disability attorney Sarah Woods discusses the steps we take to appeal bad VA decisions:

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.

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What Should I Do If My Tdiu Claim Is Denied

If you filed a claim for TDIU and you were denied, our attorneys can help you! We can assist with filing a Notice of Disagreement or a request for Higher Level Review following the decision. Keep in mind that this is time-sensitive and the NOD or HLR request must be filed within a year of the decision otherwise, it becomes final and can only be reopened by providing new and relevant evidence. We can help you select the correct appeal type for your situation, review the reasons for VAs denial, and submit everything to VA on your behalf.

We understand how important the successful outcome of a TDIU claim is to you. Contact us today for a free case review.

Can You Work And Collect Va Disability

Generally, VA disability benefits are awarded to veterans who havean illness or injury that was caused by or worsened during active militaryservice.

For many veterans who receive disability compensation, theirbenefits replace the income theyd be receiving from employment.

But is it possible to work and collect VA disability?

The short answer: in some cases. In this post, Tennessee veterans disabilityattorney Michael Hartup explains when you can work while receiving VAdisability benefits and when you cant.

If you need further help understanding your disability benefits, applying for VA disability, or appealing a claim, call The Law Offices of Michael Hartup at . You may also contact us by filling out an online form.

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When Can Va Reduce Or Terminate My Unemployability Benefits

VA may propose to reduce or terminate a veterans Individual Unemployability benefits for a number of reasons:

Veterans in receipt of TDIU benefits are required to submit VA Form 21-4140 annually. If veterans do not submit this form, their benefits may be subject to reduction or termination
If your ability to maintain substantially gainful employment changes and you are able to work

If your service-connected condition have improved, warranting a lower rating.

by Veteran Toolbox | Sep 25, 2018 | Loans |

Veterans who are unemployed because of service-connected disabilities can receive individual unemployability benefits. This financial support ensures they are able to meet their basic needs, even though their disability prevents them from working.

For eligibility of qualifying for individual unemployability benefits, you must:

Have at least one or more service-connected disabilities rated at the qualifying percentage
Show that you are unable to obtain and/or maintain gainful employment

Additionally, for total disability individual unemployability, veterans must show their disability:

Is connected to their time served and
Is sufficient to prevent them mentally or physically from gaining or maintain employment and

Is rated at 60 percent or more or
Is rated at 40 percent or more with a combined rating of 70 percent or more if two or more disabilities are present

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Eight: Potential Remand Of Tdiu Claim

VA Individual Unemployability: How To File A Claim & Get Approved

The Board may decide to send your claim back to the VARO. Generally, a BVA remanded decision will instruct the VARO on how to proceed with your TDIU claim. At this point in the TDIU timeline, the Board may direct the VARO to get more evidence or even schedule an exam.

Woods and Woods VA disability attorney Lori Underwood explains BVA remanded decisions:

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Understanding Your Eligibility Further

Eligibility for VA disability compensation is not automatic, you need to meet the following criteria

You must have had service in the Army, Navy, Marine Corps, Air Force, Space Force or Coast Guard.

Your service must have included active duty.
You must have been discharged under conditions other than dishonorable.

Why Could A 70% Ptsd Rating Qualify Me For Tdiu

I mentioned the 70 percent rating criteria for PTSD in above. Walking through those criteria should help to clarify why a 70% PTSD rating will often qualify a veteran for a 100% TDIU rating.

If you are rated at the 70% level, many of the factors that go into that rating focus on your performance within the workplace and your inability to perform satisfactorily at your place of employment.

With deficiencies in most areas, such as work, school, family relations, judgement, thinking, or mood

This is the general statement that VA makes at the beginning of the 70% PTSD level. Again, VA focuses on impairment in work and relationships.

They also mention judgment, thinking and mood. All three of these factors affect your ability to get or maintain a job. You need good judgment and thinking ability to work. Even if your PTSD does not affect your judgment or your thinking, the effect that it has on your mood often makes it difficult to work with others.

VA then lists out a number of different symptoms associated with PTSD that could qualify you at the 70% level. I will discuss a few of these symptoms below:

Obsessional rituals which interfere with routine activities

If your PTSD causes you to take longer to do routine activities, this could certainly affect your ability to maintain employment. Many employers require routine tasks to be done on a certain schedule.