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Va Total And Permanent Disability And Unemployability

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Receiving Your Va Permanent Disability Letter

Permanent and Total Disability (P& T)

Ideally, you will know if you qualify for VA total and permanent disability because VA will inform you in your initial decision letter. However, if you believe you should qualify and VA does not agree, you may have to submit an additional letter to convince them that you are unable to work as a result of your service-connected disability.

Hiring legal counsel can help you prove to VA that you deserve TDIU or a 100% rating.

Assistance With Claims And Appeals

As you can tell from what weve described above, being rewarded a P& T rating requires a high burden of proof. You must meet the criteria for both a permanent and total disability rating, and if you believe that you do, in fact, meet those criteria, you should not hesitate to submit your claim to VA, or start your appeal should VA had rejected your claim. You always have the option to press your case, and we are here to help.

Contact us at 844-VET-LAWS or fill out our online form to get started on your claim or appeal, and earn the compensation you deserve.

What Is My Tdiu Effective Date

This is the date on which your award of TDIU benefits will start. Establishing the effective date of your TDIU claim can be difficult, and is often a sticking point. This is due to the nature of TDIU benefits.

Veterans can apply for TDIU benefits by submitting VA Form 21-8940. If you have submitted this form to the VA, you might think the TDIU effective date is associated with that form. But this is not correct. Why? Because your TDIU is all about an additional VA rating that will pay 100% compensation for an already-service-connected condition. It is not a separate claim for compensation.

Individual unemployability is often at the very root of a veterans claim for VA compensation. Unemployability can also become evident over time in a service-connected condition. Accordingly, your effective datethe date on which you become unemployablemay be determined by:

  • the date VA received your initial claim for service connection, or
  • the date you first became unemployable due to service-connected disabilities
  • the date of your claim to increase a VA rating, or
  • from facts that exist in your record that is under adjudication.

We explain various scenarios below.

TDIU Effective Date Stems from Claim for Service Connection:

the date VA received your claim for SC , or

the date you were first determined to be unemployable.

TDIU Effective Date Stems from Claim for Increased VA Rating:

The date VA received your claim for rating increase, or

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What Is Permanent And Total Disability

A different designation known as permanent and total disability applies to veterans whose disabilities are not expected to improve.

But its important to understand the definitions of permanent and total:

  • Permanent. This means that based on the medical evidence, it is reasonably certain that the disability will continue for the rest of the veterans life. The veterans age may be taken into account, so younger veterans are less likely to be considered permanently disabled.
  • Total. The VA uses a rating schedule to determine to what degree the disability interferes with the veterans ability to function. Total means that the rating is 100%, indicating the veteran is completely or totally disabled.

It is possible for a veteran to have a total disability that is not permanent, or a permanent disability rated less than 100% . If the veteran has both permanent and total disability rating, it cannot be reduced and it may entitle the veteran to other benefits besides monthly compensation.

What Are Total Disability Individual Unemployability Benefits

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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 $3,621.95 a month. There is extra compensation for veterans who have dependent children and parents.

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Will I Get Back Pay For Tdiu

Once you submit your Individual Unemployability claim, it can take months or years before your claim is resolved. If VA grants the TDIU rating, what about all that time you were waiting and received no benefits at all? This can add up to many thousands of dollars.

VA does reimburse this and the payment is referred to as TDIU back pay, or retroactive pay. Usually, the VA pays this as a lump sum. The number one thing you need to do is make sure VA dated this back pay amount correctly.

The correct date the TDIU retroactive payments should begin is the effective date and not the date you applied for benefits. Remember, the effective date is the date you were found to first be unemployable. The difference can be years before you ever filed your application to VA.

Myth #: You Cant Work While Receiving Tdiu

Since unemployability is in the programs name, its understandable to assume youre not allowed to work at all while receiving TDIU benefits. However, Veterans can work while receiving TDIU as long as their jobs arent considered substantially gainful employment. This means you are allowed to work in odd jobs, temporary jobs, or seasonal jobs paying less than a poverty-level wage.

Veterans can earn higher wages if their position qualifies as a protected work environment. The definition of this term is decided on a case-by-case basis but generally means the position involves working for someone who is making additional accommodations for the Veterans disability. Often, this is a friend or family member who allows for additional breaks, a flexible schedule, reduced productivity, or other accommodations beyond what is legally required for disabled employees.

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How To Get Permanent And Total Disability From The Va

Its important to first determine whether your combined rating is already considered to be permanent and total. Its not always easy to tell. The VA rarely expressly says, Your conditions are considered permanent and total, but there are ways to tell.

The rating decision on which the award is granted may list Dependent Educational Assistance or Eligibility to dependents Chapter 35 DEA or language to the effect that no future exams are scheduled. If the Veteran has been awarded DEA, they have been awarded permanent and total. No future exams scheduled also indicates a P& T rating.

If a Veteran is awarded a 100 percent combined rating and they believe theyre qualified for a permanent and total rating, the Veteran can ask the VA to award the permanent and total distinction. To do this, they can simply write the VA a letter requesting the benefit. It also helps to attach medical records indicating that there will be no improvement in the Veterans conditions.

Additionally The Veteran Would Also Be Entitled To:

How Does the VA Determine Permanent and Total (P& T) Disability?
  • No-cost healthcare and prescription medication
  • Dependents Educational Assistance, which allows a spouse and children to be eligible for educational benefits
  • CHAMPVA health insurance for a spouse and children
  • DIC benefits for a spouse of a dependent under the age of 18, should the Veteran pass away due to either a 100% rated disability within 10 years or for any disability after 10 years.

The Veteran may also be entitled to numerous other benefits depending on their circumstances.

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What Is Total Disability Individual Unemployability

On the other hand, extra-schedular rating refers to Total Disability Individual Unemployability. The Veteran has a disability with a rating of less than 100%. However, the VA rater has decided that their Service-Connected disability or combination of disabilities means that the Veteran is unable to find or to maintain substantially gainful employment. If this is the case, the rater will assign the Veteran a TDIU rating. Their pay will be at the 100% rating, even if their disability is less than 100%.

Can Veterans Receive Iu Indefinitely

The answer to that question is yes, no, and maybe. IU can be granted in a few different ways. One way is Temporary. Obviously, that one wont last forever, so lets not get into detail about that. The area we want to focus on is the non-temporary kind.

When granted IU, a Veteran can be subject to review. For instance, if you are granted IU based on a 70% rating for PTSD, and that later gets reduced to 50%, then you would no longer be entitled to IU. There are situations in which a Veteran can be granted IU indefinitely. It is often referred to as Total and Permanent, or TDIU. This often comes when a Veteran has lost a limb but is not limited to a situation like that. Also, if you have IU for 20 years or more, you are not likely subject to a review. As with anything in the world, and especially the government, there are some exceptions.

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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.

Does It Help To Get Approved For One Program Is You Already Have The Other

What are VA Permanent and Total Ratings?

In the past, the answer was yes. If you were approved for VA Unemployability benefits, then your chances of getting approved for Social Security Disability benefits were very high.

Unfortunately, from 2017 onwards, the Social Security Administration changed their regulations, stating that VA Unemployability approvals would not be taken into consideration while a persons application for Social Security Disability benefits was being processed.

However, the evidence that you shared with the VA department will be used by the SSA in assessing your claim for Social Security Disability.

The VAs office will also not take into consideration that you are being given Social Security Disability benefits. This is because the SSA does not ask whether the disabilities sustained were because of military service. And the main requirement for eligibility for VA Unemployability is that your disabilities need to be service-related.

There are a lot of times that a Veteran has disabilities that are both service related as well as non-service related. So, the Veteran has to prove that it is a service related disability that is the reason for his or her Unemployability.

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How Do You Qualify For A 100% Disability Rating Or Individual Unemployability

A veteran may qualify for a 100% disability rating if they can provide evidence of a service-connected disability that is rated at 100% disabling. In order to qualify for IU, one way is to have a service-connected disability that renders you unable to work. This means your disability must be so severe that it prevents you from doing any kind of job, regardless of your training or experience.

In order to be considered for a 100% disability rating or individual unemployability, an individual must demonstrate that they meet the Social Security Administrations definition of disability. This definition includes a requirement that the individual is unable to engage in substantial gainful activity due to their medical condition. The SSA will also consider an individuals age, education, and work experience when making a determination.

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

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Submit The Va Form 21

The DRO or rating claim officer will automatically deny a claim of a file without the TDIU form. While this doesn’t seem right, it’s the reality of how most VA regional offices approach TDIU claims. These forms are usually sent out as part of a VCAA letter. However, it is also downloadable from the VA’s website. Overall, It’s important to know how to file for disability benefits.

Four Ways A Va Disability Lawyer Can Help

100% Permanent and Total VA Disability and TDIU VA Benefits

At VetLaw, our VA disability lawyers are all accredited and can help you secure the benefits you may qualify for by:

Total Disability Individual Unemployability and Social Security Disability Insurance are separate programs with different eligibility requirements. Its possible that you could receive both types of compensation. However, receiving TDIU doesnt automatically qualify you for SSDI. You have to submit a separate application for SSDI.

No. Veterans with physical and/or mental disabilities may be eligible for TDIU permanent and total benefits. The requirements are the same for both types of disabilities in that you must have a service-connected condition or multiple service-connected conditions that prevent you from obtaining and maintaining substantially gainful employment.

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How To Apply For Educational Benefits

Check with the VA before you begin your program to make sure that your educational program is approved and eligible for reimbursement. Call the VA Regional Office in the state where you will be attending your program.

Complete the Dependents’ Application for VA Education Benefits and submit it to the VA Regional Office in the state where you plan to attend school or training. If you are already in school, you will also have to ask the school or job to complete and an Enrollment Certification form. Submit the Enrollment Certification along with your application.

Can The Va Take Away My Permanent And Total Disability Rating

Many veterans fear that the VA will reduce their VA rating. Over time, most veterans must verify that their disabilities still exist in order to keep their VA disability ratings as they are.

The great news with a P& T VA disability rating is you no longer need to worry about a rating reduction.

Once youve been granted P& T status by the VA, your status will remain with you for life.

In fact, P& T status is one of the seven types of protected VA disability statuses. With P& T status, the VA cant remove your permanent and total disability rating unless the VA proves you committed fraud in obtaining a VA rating. Youll also no longer receive compensation and pension re-exam requests.

NEED MORE ASSISTANCE?

Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. At VA Claims Insider, we help you understand and take control of the claims process, so you can get the rating and compensation youre owed by law.

Our process takes the guesswork out of filing a VA disability claim and supports you every step of the way in building a fully-developed claim so you can increase your rating fast!

If youve filed your VA disability claim and have been denied or have received a low ratingor youre unsure how to get startedreach out to us! Take advantage of a FREE VA Claim Discovery Call. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve!

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Are Tdiu And Ssdi Connected

You might be awarded SSDI benefits before receiving TDIU benefits. This gives rise to a common misconception about TDIU and Social Security Disability that if you are awarded SSDI benefits, you automatically qualify for a TDIU rating.

This is not true. Social Security Disability and Veterans Disability Compensation operate independently from one another. SSDI awards do not automatically prove entitlement to TDIU.

Many claims that are awarded SSDI by the SSA are denied by the VA for TDIU and vice versa. This applies even when both claims are based on the same service-connected impairments.

A Social Security Disability award, along with its supporting evidence, can certainly help demonstrate the strength of your TDIU claim. But SSDI is based on total disability you must be totally disabled before you can receive SSDI payouts.

As a veteran, you are eligible for benefits if you are partially disabled. The VA rating system is based on percentages, where each SC condition has a percentage rating. These individual ratings are tallied using a complex formula to reach an overall VA disability rating.

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