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.
Two: Notice Of Disagreement
The Notice of Disagreement lets the VA know that you disagree with their decision. Veterans and their family members must file the NOD within one year from the date the decision was made. This date will be on your Rating Decision letter.
In this video, one of our certified VA disability lawyers explains VA form 10182 and the new VA appeals process.
Eight: Potential Remand Of Tdiu Claim
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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Veterans Affairs Benefits For Total Disability Based On Individual Unemployability
Veterans may be able to obtain a total disability benefit even though the VA has rated their service-connected disabilities at less than 100 percent. The VA allows a total disability rating based on individual unemployability due to service-connected disabilities for veterans whose service-connected disabilities render them unable to get or keep substantially gainful employment.
Berry Law Firm can help qualifying disabled veterans appeal or reopen their existing disability claims and seek TDIU benefits. We work with disabled veterans nationwide to obtain all compensation they are due from the Department of Veterans Affairs. Contact our office today!
Tdiu Vs 100 Percent Disability
Both TDIU and 100 percent disability benefits compensate veterans with the same monthly compensation. TDIU benefits compensate you at the 100 percent level even if your disabilities dont combine to a 100 percent VA rating.
Its typically much easier for veterans to be approved for TDIU than to earn a 100 percent schedular rating from the VA.
Achieving a 100 percent disability rating is usually more difficult because the VAs Schedule for Rating Disabilities criteria is specific to the severity of your symptoms. According to the VAs standards, you could have a disability that prevents you from working but still not have symptoms that qualify you for a 100 percent rating.
For instance, the average rating for PTSD is 70 percent. To receive a 70 percent schedular rating for PTSD, you must have deficiencies in most areas regarding work, school, family relations, judgment, thinking, or mood.
A 100 percent PTSD rating requires the veteran to have total occupational and social impairment instead of just deficiencies in most areas.
A veteran with a 70 percent PTSD rating with deficiencies in most of those areas could very well have difficulty working, which is why the VA compensates eligible veterans with TDIU.
If youre unable to work based on your service-connected condition or conditions, you may be eligible for TDIU, depending on your VA disability rating. Below we cover specific TDIU ratings.
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How Individual Unemployability Benefits Lawyers Help
If you hire Woods & Woods individual unemployability lawyers, you get our decades of experience and knowledge working for you. Our VA-certified disability attorneys work with doctors, psychologists, and vocational experts to prove you cant work because of your disabilities. We know the VA system. If you have questions, give us a call. There is never a charge to call and ask questions. Woods & Woods is here to help.
Woods & Woods veterans disability lawyers help veterans with their VA unemployability claims. If you cant work and youre a veteran, you might be entitled to TDIU benefits. Our law firm has been dedicated to helping injured and disabled people since 1985. Our TDIU benefits disability lawyers only charge if we win your benefits. The skilled and knowledgeable veterans disability benefits lawyers at Woods & Woods, know TDIU benefits law well. We fight to get clients the compensation they deserve from the Veterans Administration.
Not sure what to do to get your TDIU benefits? Talk to our veterans unemployability lawyers. For free, we will give you a VA claim evaluation. We want you to understand your rights as a veteran. If you cant work from service-connected mental and physical disabilities, you deserve TDIU benefits. This isnt a government handout, you earned these benefits when you honorably served our country.
The Difference Between 100% For Unemployability And 100% Disability Rating
In general, neither the 100% disability rating nor a total disability rating based on individual unemployability , or more commonly known as unemployability, is better than the other. The monthly compensation amount for unemployability is equivalent to a 100% disability rating. However, depending on a veterans circumstances, one option might be more beneficial to pursue.
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Can Ptsd Cause Unemployability
While many Veterans receive disability compensation for PTSD, the VA turns many service-connected PTSD claims down despite a clear diagnosis and significant impact on daily life and employability.
For example, one of the stressors supporting a PTSD diagnosis is learning that a close friend or family member has suffered a traumatic event. A Veteran may develop PTSD symptoms upon learning of the death or injury of a member of their unit. However, the VA may decide that the two members of the same unit are not close friends because they didnt serve together for a long time.
At times, the VA will minimize symptoms and give lower ratings to serious mental health conditions. PTSD often causes a Veteran to be unable to work, but proving it can be difficult.
Applying For Total Disability Individual Unemployability Benefits
We highly suggest you check out the individual unemployability fact sheet before you apply. Veterans who wish to apply for TDIU benefits must submit an initial application to the Veterans Administration. You should list all your mental and physical impairments you believe are from or aggravated by your time in the service. Veterans should not forget to list all secondary service-connected impairments. For example, if you were exposed to Agent Orange and have diabetes, your high blood pressure may now also be considered service-connected.
If you have any questions regarding applying for TDIU benefits, you can always call our law firm. We can give you free advice on applying for TDIU benefits. There is never a charge for help with the initial application process.
In this video, a VA disability lawyer explains the veterans compensation application process:
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Financial Relief When You Cant Work
Serving our country in the armed forces left you with lasting health problems. If your condition is severe enough that you cant work, it also left you in financial crisis.
You deserve support from the country you served.
You may be eligible for Total Disability Individual Unemployability status from the US Department of Veterans Affairs .
It means that even if the VA rates your disability lower, your inability to work could get you the same veterans disability benefits as someone with a 100 percent disability rating.
The resulting health-care coverage and disability checks could make a major difference for youallowing you to live with dignity, independence, and pride in your service.
You could qualify for more than $3,000 a month in disability payments.
The attorneys at Horenstein, Nicholson & Blumenthal can help you gather the evidence you need to get the full compensation you deserve.
We work hard so our Ohio clients will say Helping me, thats HNB.
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 VA’s 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, don’t bother applying for unemployability. This is wrong.
That is because VA regulations also provide that “It 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.”
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Three: Gathering Of Evidence
In this phase of the TDIU timeline for applications, your assigned VSR will request evidence. The VA may request records from your doctors, Social Security Administration, your C-File, and from you.
Remember, the VA has a duty to assist your TDIU claim, but it does not always follow the law. Do not rely solely upon the VA for evidence. You should build a case on your own. Do not assume the VA is going to successfully request every relevant medical record.
No Charge For Help With Your Tdiu Application
At Woods & Woods, we never charge for help with your Individual Unemployability application. Our law firm has helped thousands upon thousands of veterans file applications and obtains VA benefits at no cost to you until we win your case. Help with your Individual Unemployability benefits application is a free service Woods & Woods offers to veterans nationwide.
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The Difference Between Tdiu And 100 Percent Va Disability
Does your service-connected condition prevent you from working? Thanks to Total Disability Individual Unemployability , veterans who are unable to work with VA ratings below 100 percent can still be paid benefits at the 100 percent level.
This post explains TDIU, and breaks down TDIU vs. 100 percent disability. We also cover how to file a TDIU claim.
There are three ways you can be paid at the 100 percent level by the VA:
TDIU benefits are paid to hundreds of thousands of veterans! As of 2020, over 258,000 veterans receive benefits at the 100 percent disability level. Half of these 258,000 veterans are not rated at the 100 percent schedular level, but are receiving TDIU benefits.
Keep reading to learn about the differences between TDIU veteran benefits and 100 percent disability claims!
You DESERVE a HIGHER VA rating.WE CAN HELP.
Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service.
Myth #: Only Veterans Who Meet The Schedular Criteria Qualify For Tdiu
Generally, Veterans receiving TDIU have one service-connected disability with a rating of 60% or higher or two or more service-connected disabilities with a combined disability rating of 70% or higher and one disability rated 40% or higher. In some cases, however, Veterans can qualify for extra-schedular TDIU.
Extra-schedular TDIU is for Veterans with disabilities that prevent them from working even though they dont meet the standard percentage thresholds. This could be a condition requiring frequent hospitalizations but is most often associated with back pain or other issues that prevent Veterans with no higher education or job training from working in physically demanding jobs.
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Am I Eligible For Backpay Back To The Date I Became Unemployed
Each unemployability claim will take months, and in some cases, years, to be reviewed and processed. The time you spend waiting for approval can amount to significant sums in benefits. The VA is supposed to issue retroactive pay for this time, usually as a one-time lump sum.
In calculating retroactive pay, the most important factor beyond rating is that the VA determines the effective date correctly. The effective date can be considered the time when your unemployability began, not just the date when you filed your application.
It could have taken you years to discover that you might be eligible, gather all the documentation, obtain legal advice, and file the claim. Despite what the VA may say, you may be entitled to receive disability compensation for that time, and a lawyer can help you fight the proper determination.
What Are Total Disability Individual Unemployability Benefits
Total disability based on individual unemployability benefits are for veterans that cannot keep or obtain gainful employment. You must not be able to work because of mental and physical impairments. Those disabilities must be related to your time in the service and be considered service-connected to receive benefits.
Secondary service-connected benefits do count towards your individual unemployability benefits claim. For example, if a veteran was exposed to Agent Orange and developed diabetes, all conditions from diabetes are also considered service-connected. TDIU benefits pay the same as a 100% VA Disability rating. Veterans who are eligible for TDIU benefits might receive more than $3,332.06 a month. There is extra compensation for veterans who have dependent children and parents.
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What Information Is Required
- All medical records pertaining to the service-connected disabilities that have made you unable to work
- Hospitalization and outpatient care records in the past year
- The exact date or period when you became too disabled to work
- Information on your work history during the last five years you were able to work
- Any education and/or vocational training you have had.
You can apply through the VA website, in person at your local VA office, or with a legal representative.
To make sure your IU application is reviewed promptly and you have the best chance of success, you should provide clear, detailed, and consistent documentation and information. A VA representative is responsible for reviewing your case and approving individual unemployability, so the more clear and exact you can be, the easier it is for them to approve your claim.
The VA may not process your claim quickly. It can take several months to review your individual unemployability benefits application. However, if your IU claim is approved, you will qualify for retroactive benefits to the date you filed.
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The Reality Of Va Individual Unemployability
You can be rated at 10% for a single disability, or 90% for multiple disabilities it does not matter. A disabled veteran is still eligible for VA individual unemployability regardless what his disabilities are or are not rated at.
Why?
Because the very next VA regulation after the schedular TDIU one I mentioned above covers what is called extra-schedular TDIU. That regulation 38 C.F.R. §4.16 says that you can get VA individual unemployability regardless of what your rating is, so long as you can prove this ONE thing:
Your service connected disability prevent you from getting and keeping substantially gainful activity.
Sound familiar? The proof of schedular VA individual unemployability and the proof of extra-schedular VA individual unemployability are EXACTLY the same.
Theres only one difference between the two ways to prove TDIU entitlement: WHO decides your claim.
The VA rater in a VA regional office has authority to decide claims for schedular TDIU. Claims for extraschedular TDIU go to a different VA office the Director of Compensation and Benefits.
That means two things:
What is the implication for you, the disabled veteran, trying to get VA TDIU benefits?
If you do NOT meet the schedular requirements for VA individual unemployability , you have 2 strategies:
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Assigning The Wrong Effective Date
An effective date refers to the date when the entitlement to the benefit arose, and it will determine the amount of retroactive pay the Veteran will receive once their application is approved. Sometimes, the VA will base the effective date on the date the Veteran filed their claim, or when they underwent their C& P examination, rather than when the disability began impairing employment.
% Permanent And Total
For a Veteran to receive 100% VA P& T, the VA must determine that there is a reasonable certainty that the Veterans disabilities will continue for the rest of their life. A Veteran may receive a rating on an individual claim that is permanent but keeps them from reaching 100% overall. However, once a Veteran is rated at 100% overall and their disabilities are determined to be permanent, they are 100% VA P& T.
If a Veteran receives 100% VA P& T, that also entitles them to additional benefits that would not be available to them otherwise.
For starters, the VA can never reduce their rating and the Veteran need not worry about their rating being reduced.
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