Where And How To Send The Form
This section details where to send in your application. There are several options. The first is to send it in via certified mail to the address below.
Department of Veteran Affairs
The second option is to fax it to either of the numbers below:
You can also seek help in completing this form at your local VA regional office. They can also help with sending it in.
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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How To Increase From 90% To 100% Va Disability
You should never settle for less compensation than you deserve for your honorable service. You owe it to yourself and your family to get the benefits you earned for your sacrifice.
If youre sitting at a 90% disability rating but believe you could qualify for more, then by all means you should try! Consider that the difference in compensation between 90 and 100 percent disability for a veteran with no dependents is $1,333.54 . The increase form 90% to 100% VA rating is a game changer for veterans and their families.
Also, having a 100% disability rating can entitle you to many other valuable benefits beyond compensation. Our 25+ Best 100 Percent Disabled Veteran Benefits: The Ultimate Guide is a great resource to learn more about benefits such as the Veteran Benefits Banking Program, waiver of VA funding fee for home loans, Vocational Rehabilitation & Employment, and more.
If youre ready to bump up your rating that extra 10% to reach a 100 percent disability rating, then take advantage of a FREE VA Claim Discovery Call with an experienced VA Claims Insider team member to find out how we can help make it easier and faster.
To learn more on your own, we recommend checking out our comprehensive Top 5 Ways to Increase VA Disability Rating This Year .
Incorrect Consideration Of A Veterans Age
Very commonly, the VA will wrongly deny IU benefits based on a Veterans age. The representative in charge of the case may state that a Veteran is unemployed because of age rather than service-connected disabilities. However, the VA is not allowed to deny claims based on age. Even if a Veteran has reached retirement age, they should be entitled to TDIU benefits if they can prove their service-connected condition prevents them from working.
Sheltered Employment And The Law
You must be very careful in sheltered workplace environments. In fact, even many who work for the VA are not fully aware of the Sheltered Employment Rules and can sometimes erroneously penalize someone for earning an income in such a situation.
In the worst of cases, veterans can be charged with criminal fraud if they are found to be working above the poverty line at an established that is not a VA-designated sheltered employer while also collecting TDIU benefits. To keep the risks as low as possible, make sure that you speak to a VA-accredited attorney about whether an establishment is truly sheltered.
Yes, you can earn an income with a 100% VA-rated disability. However, if you receive TDIU benefits after being given a schedule of ratings, then there are strict limitations on the amount of income you can earn from working. In 2017, the maximum amount you can earn in a single-person household is $12,488 annually while collecting TDIU benefits.
The only way around this regulation is to work in a sheltered environment, which are specially accommodated workplaces that are meant to employ family members who are veterans. However, you should always speak to an attorney because considering working in a sheltered environment.
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What Does It Take To Get A 70% Ptsd Rating
VA uses diagnostic codes to assign ratings to all different conditions. It will help to discuss the diagnostic code used to rate PTSD so that you can understand what a 70 percent rating means.
For a 70 percent rating, the PTSD diagnostic code states:
- Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation obsessional rituals which interfere with routine activities speech intermittently illogical, obscure, or irrelevant near-continuous panic or depression affecting the ability to function independently, appropriately and effectively impaired impulse control spatial disorientation neglect of personal appearance and hygiene difficulty in adapting to stressful circumstances inability to establish and maintain effective relationships.
The focus of the diagnostic code is on occupational and social impairment. This means VA focuses on how your PTSD affects your ability to work and your ability to maintain relationships.
What Are The Benefits Of Individual Unemployability
Individual Unemployability is a unique part of VAs 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.
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Not All Ratings Are The Same
If you want to find out whether you can work with a 100% VA disability rating, you need to first find out what rating you have been given. Although many assume that there is simply one rating, the truth is that there are two rating types that can be given, and they have different implications.
The first rating type is called the Total Disability Individual Unemployability rating and is issued in a percentage form. If on this scale the VA assigns you a rating of 100%, then you are prohibited from having substantial gainful employment based on your disability. The TDIU regulations are outlined in the Code of Federal Regulations.
However, there is no strict definition of what substantial gainful employment refers to. Consequently, it is fine for veterans to seek marginal employment which the VA defines as not exceedingthe poverty threshold for one person. In other words, those with a 100% TDIU rating are able to work legally but shall not generate any income over the poverty line.
Social Security Disability & Total Disability Individual Unemployability Benefits
Veterans can receive both Individual Unemployability and Social Security Disability at the same time. However, being eligible for one disability benefit does not mean you are automatically entitled to the other disability benefits. The Social Security Administration and the Veterans Administration have very different guidelines on eligibility. Veterans wishing to receive Social Security Disability and TDIU benefits must submit separate applications to each bureaucracy.
In 2016, 621,000 veterans were receiving Social Security Disability benefits. Currently, 29.6% of veterans report having a disability. As you can see, veterans have disabilities at a higher rate than the civilian population. The Social Security Administration offers expedited claims to veterans with particular ratings. But remember, both bureaucracies have their own guidelines on eligibility. That means some veterans will be approved one benefit and denied the other. Woods & Woods can help you obtain both TDIU benefits and Social Security Disability benefits.
Attorney Neil Woods explains how veterans get TDIU and SSDI benefits:
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How To Generate An Esignature For Your Va Form 21 8940 Military Disability Made Easy In Google Chrome
The guidelines below will help you create an eSignature for signing unemployment in Chrome:
Once youÃ¢ve finished signing your unemploy, decide what you should do after that â download it or share the file with other people. The signNow extension offers you a variety of features for a much better signing experience.
Why Do I Need Va Form 21
VA Form 21-8940 is titled Veterans Application for Increased Compensation Based on Unemployability.
It allows veterans to file a claim for a boost to their disability benefits. As they complete the form, they must give evidence.
It should prove that their disability makes it futile for them to hold down a steady job. It is the main document required by the VA to consider making such changes.
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Will My Wife Get My Va Disability Check When I Die
Are a Veterans Disability Compensation Payments Continued for a Surviving Spouse After Death? No, a veterans disability compensation payments are not continued for a surviving spouse after death. However, survivors may be entitled to a different type of benefit called Dependency and Indemnity Compensation.
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.
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What Employment Qualifies For Tdiu
Several types of employment may allow a Veteran to still qualify for partial or complete TDIU benefits. These employment types include:
- means that the Veteran works but earns a salary lower than the poverty level for their state or location. Because the Veteran doesnt receive a salary comparable to other working professions in their industry, it does not qualify as substantially gainful employment.
- Part-time employment without the opportunity for full-time employment. If a Veteran can only work eight hours per week at a restaurant, they almost always earn below the poverty threshold. This also qualifies as marginal employment, even if the per-hour salary is theoretically enough to earn a living wage .
- Employment in a protected work environment. The VA often considers Veterans still eligible for TDIU benefits if they are employed in a protected work environment, which often makes accommodations for conditions or injuries. However, the Veteran must prove that they work in a protected work environment if they hope to receive benefits despite their employment status. Evidence can include employer statements, W-2s, pay stubs, and so on.
As you can see, it is possible to work and still receive TDIU benefits as a Veteran with one or more service-connected conditions. However, youll need to take a few extra steps to prove that your employment does not disqualify you from TDIU benefits if you want to take advantage of this opportunity.
How To Apply For Tdiu
To apply for TDIU, VA requires that veterans complete VA Form 21-8940. The purpose of this form is to provide VA with additional information about the veteran, such as their level of education and employment history, to supplement the request for TDIU.
VA Form 21-8940 can be submitted to VA in the following ways:
- Online using VAs eBenefits platform
- directed to the Department of Veterans Affairs, Evidence Intake Center, PO Box 4444 in Janesville, WI 53547-4444
- In person bringing a completed VA Form 21-526EZ to a VA Regional Office near you
- With a legal representative completing the form with a Veterans Service Organization or a VA accredited agent or attorney
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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.
Eligibility And Va Unemployability Benefits
Veterans who wish to receive Total Disability Individual Unemployability benefits must be eligible by the Veterans Administrations guidelines on VA Unemployability requirements and income limits. First, veterans must have a service-connected mental or physical impairment. This disability must have been caused or aggravated by your time in the service. Second, veterans wishing to obtain TDIU benefits must have been considered active-duty during their military career. Third, you must not have a dishonorable discharge. This is an overgeneralization of eligibility and we encourage you to contact us for eligibility questions.
TDIU benefits are for veterans who can no longer work due to service-connected disabilities. If you are not yet service-connected, Woods & Woods can help. Below are the general requirements for obtaining TDIU benefits. If you are not sure you are eligible for VA Unemployability, give our Total Disability Individual Unemployability benefits lawyers a call.
- You must be a veteran
- You must have service-connected disabilities
- You must not have been discharged dishonorably
- You must have at least one service-connected disability rated at least at 60%, OR two or more service-connected disabilities at least one disability ratable at 40 percent or more with a combined rating of 70 percent or more.
- You must be unable to maintain substantially gainful employment as a result of service-connected disabilities .
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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.
How Do You Increase Your Va Disability Rating
Once your claim for disability benefits has been approved, you can request an increase in your VA rating whenever you need one. The VA is well aware that a veterans condition can grow worse over time, and that as you age this is more likely to happen. All you need to do to seek an increase in your VA disability rating is to request the VA review your rating and provide evidence that your condition is worsening.
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How Total Disability Based On Individual Unemployability Works
To be eligible, one must meet certain disability standards. This is as per the VA individual unemployability fact sheet.
If you have one service-related disability, it must be rated at 60% or higher disabling.
If you have many service-related disabilities, one must be rated at least 40% or higher disabling. The combined total disability on IU should add up to at least 70% or higher disabling.
TDIU refers to these disability ratings. And their limits in establishing a need to increase benefits to 100%.
These disabilities should be the reason you cannot hold down a steady job. If in marginal employment , you may still qualify for IU benefits. VA income limits that place you below the federal poverty threshold can grant you IU benefits.
Why Did Va Send Me A Form 21
The short answer is VA is probably just doing their job. The Form 21-8940 is one of the supplemental forms that is required when making an application for TDIU .
Under the law, VA has certain duties and responsibilities to you to help identify and develop particular claims. When you file for an increased rating, you have claimed that your service-connected disability has increased. If your claim for that increase has evidence that you are unemployable, then that triggers VAs duty to send you this application for TDIU benefits.
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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.
Are You Eligible For Tdiu
If your serviced-connected injury or illness prevents you from earning a living, but the VA has not granted you a 100% disability rating, seeking Individual Unemployability status may be appropriate for you. It allows the VA to pay certain veterans disability compensation at the 100% rate, even though the VA has not rated the service-connected disabilities at the total level.
The VA benefits lawyers of George Sink, P.A. Injury Lawyers can advise you about your eligibility forIndividual Unemployability and helpyou obtain this valuable benefitif you qualify. Weknow the VAbureaucracy and the evidence required to obtain favorable benefit claim decisions for disabled veterans. Our objective for every disabled vet we assist is to obtain the maximum benefit available for them.
The VA requires veterans to prove their qualifications for disability benefits and, even then, the VA routinely denies legitimate TDIU claims. George Sink, P.A. Injury Lawyers can help you avoid losing money because of the VA bureaucracy. Contact George Sink, P.A. Injury Lawyers for assistance today.
You do not have to go it alone. We want you to haveALL of the VA compensation you deserve.
by Chris Attig
There are a lot of myths surrounding VA individual unemployability benefits what we commonly call VA TDIU. Some folks tell you that to qualify for TDIU have to be unemployed Some folks tell you that you have to be unable to do any work.
Thats only half true.
You file a claim for TDIU either one of two ways:
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