Nexus Letter Or Independent Medical Opinion
The most helpful piece of evidence to prove a nexus, or connection, between the in-service event and current condition is a nexus letter or independent medical opinion. These documents explain why a Veterans condition is related to their service.
A Veteran seeking service connection should speak with their medical providers and ask if they are able and willing to provide these letters or opinions. If the provider refuses, there are private experts who can conduct a records review and provide an opinion. While these nexus letters and independent medical opinions often cost money, they can be extremely valuable for a Veterans claim for service connection.
Sheltered Employment & Tdiu Benefits
Another way that Veterans can earn an income while receiving TDIU Benefits and without breaking the VA unemployability income limits is by participating in what is called sheltered employment.
There are many ways that your income can be considered sheltered, but 2 that are clearly identified in the regulation itself:
1) Family business
2) Sheltered Workshop
Now, just because you are working for a family business doesnt mean your job is considered sheltered employment. It has to be what the regulation refers to as a protected environment.
N.B. Veterans case law is not 100% clear on what constitutes a protected environment or sheltered employment or marginal employment for TDIU purposes. I strongly encourage that you get legal advice from an accredited VA attorney if you believe that your work is sheltered/marginal/protected so that you do not lose your TDIU benefit because you exceed the VA unemployability income limits.
A protected environment occurs when the employer makes special accommodations to employ and provide an income for a family member or a disabled worker. This happens quite a lot a family business, to reduce its tax burden or simply to help another family member, pays a disabled Veteran family member an income that they would not otherwise be able to receive.
How can you tell if there is a protected work environment so that you ensure your income does not get flagged as exceeding the VA unemployability income limits?
What do I mean here?
What Conditions Can Make Va Reduce Or Cancel Active Unemployability Benefits
VA can decide to reduce or cancel unemployability benefits for several reasons, such as:
- If you don’t submit the VA form 21-4140 every year. Please submit this form to avoid the reduction or termination of benefits.
- If you’re able to maintain gainful employment and get back to work.
- If there’s an improvement in your service connected condition, resulting in a lower TDIU rating.
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What Exactly Is Va Individual Unemployability Back Pay
Total Disability Individual Unemployability Benefits, also known as Individual Unemployability Benefits, are for veterans who cannot work from service-connected disabilities.
Back pay is the money you should have been receiving while you were waiting on the VA to approve your claim. Veterans who are eligible for Individual Unemployability Benefits often receive a lump-sum check from the Veterans Administration, known as back pay or retro pay. Too often, veterans only receive their VA Individual Unemployability back pay to the date they appealed or some other date. That is not the date you should have started receiving VA Individual Unemployability Benefits!
Your back pay should go all the way back to your effective date this could be years before you started applying. The problem is that effective dates can be hard to determine. The Veterans Administration often gets effective dates wrong and many veterans dont know that they should have an earlier effective date. This mistake can cost veterans thousands of dollars.
Have Questions About Your Entitlement For Individual Unemployability Benefits
If your service-connected disability is preventing you from getting or holding substantial gainful employment, you may be eligible for additional veterans compensation. If the VA denied your claim for IU, the team at Hill & Ponton is here to help. Our attorneys focus on social security disability and veterans disability, helping individuals and families obtain the compensation they need. Contact us today for a case evaluation.
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How Disability Ratings Are Calculated
Under schedular criteria, the VA determines what percentage of a veteran’s body is impaired by their service-connected disability. Ratings are awarded from 0% to 100% in 10% increments. A 0% rating means that a veterans condition is service-connected but causes no measurable impairment, while a 100% rating means the condition causes severe impairment leading to an inability to work or live independently.
When a veteran has multiple disabilities, the ratings for each individual impairment aren’t simply added together. Since a veteran cant be more than 100% disabled, the VA subtracts the secondary condition from the disability causing the most impairment. This VA math makes it hard to receive a 100% rating despite experiencing serious difficulty performing everyday activities.
The Impact Of Prior Tdiu Denials
Prior TDIU denials matter for a person currently applying for TDIU. The new Appeals Modernization Act has made it more difficult to reopen or file a supplemental claim for TDIU if a former servicemember has been denied in the past. This does not pertain to somebody who has been denied in the past year and is appealing the decision, as that is part of the appeals process.
A veteran who applied several years ago, failed to file an appeal, and is now attempting to reply for TDIU will have more trouble being approved. Although there is no limit to the number of times that a veteran can apply, under the AMA, new and relevant evidence is now required to file a supplemental claim for TDIU.
The good news is that a lot of things can change in a years time. New and relevant evidence may include worsening disabilities, the inability to find suitable employment, or being fired from a job due to your service-connected conditions causing interference with employment.
Our Team Is Eager To Hear About Your Case!
And even if we cant take your case, we will do our best to offer other options, and point you in the best direction we can!
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Qualifying For Individual Employability
Generally, in order to qualify for individual unemployability, a claimant must meet one of the following requirements:
- If the claimant has only one service-connected condition, that condition must have a schedular rated at least 60% or more
- If the claimant has two or more service-connected conditions, at least one of those conditions must be rated at 40% or more, and the veterans combined disability rating must be 70% or more
In either case, the veteran must be unemployable because of his or her service-connected conditions.
If the above criteria for VA unemployability are not met, the veteran can still petition the VA for an extra-schedular rating at 100%. This means that the VA will consider several factors to determine whether your case is so exceptional or unusual that the regular rating method used by the VA is inadequate. Some of these factors the VA considers include your work history, education, periods of hospitalization, and your service-connected disabilities. Our accredited VA lawyers will be able to help you gather the necessary evidence to prove individual unemployability.
Has your claim for veteran unemployability been denied by the VA? If so, our VA disability lawyers may be able to help. To request a consultation with one of our veteran disability lawyers in Kalamazoo, MI, and learn more about VA unemployability, call the VA Disability Group at 1-844-VET-LAWS .
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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Additionally The Veteran Would Also Be Entitled To:
- 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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The Difference Between Tdiu And 100 Percent Va Disability
I hope you enjoy reading this blog post.
If you want to learn how to implement these strategies to get the VA benefits you deserve, to speak with a VA claim expert for free.
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.
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How Do You Qualify For Tdiu
The first way is fairly straightforward if you have a service connected disability that has been rated at 60 percent or higher, you can quality for TDIU if your disability renders you unable to get and keep substantially gainful employment. Substantially gainful means a job that will pay above what the federal government has set the poverty threshold at.
The second way is similar to the first: if you have more than one service-connected disability and your total disability rating is 70 percent or more, and one of those disabilities is rated at 40 percent, then you may qualify for TDIU if youre unable to get obtain and keep substantially gainful employment.
The third way is a bit more complicated. Just because your disabilities do not add up to the proper numbers, 60 percent from one or 70 percent from more than one, doesnt mean you cant qualify for TDIU. 38 CFR § 4.16 says that your case can be referred to the Director of Compensation Service to be considered. While this can be a more difficult process, the VA Disability Lawyers at Stone Rose Law are familiar with the process, and are here to walk you through it. Schedule a free consultation and see if you might qualify for TDIU benefits.
Can The Va Reduce My 100% Total Rating Or My Iu
To reduce your total rating, the VA has the burden to show that your service-connected condition has undergone material improvement under the ordinary conditions of life. To reduce a 100% rating based on IU, the VA must demonstrate actual employability. If the VA is attempting to reduce your rating, you are entitled to certain due process rights.
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How To Speed Up The Process
As you can see, the VA isnt that fast, which leaves many applicants wondering how they can speed up the process. While you cant directly affect the actions of the VA, you can put together a strong claim from the get-go to avoid delays while VSR is tracking down new evidence.
We recommend doing the following:
1. Compile as much evidence as possible before filing your claim
2. File all the necessary documents
3. Write a strong argument
4. Put together a strong brief
Hiring a lawyer can make this process a lot easier as they will track down the required evidence, analyze it, and find any weak spots in your claim. They can also help you write an argument and a brief to strengthen your case even further.
Faq: Va Individual Unemployability Benefits
What are TDIU benefits?
Total disability based on individual unemployability benefits are for veterans that can no longer work from mental or physical service-connected impairments.
Who is eligible for TDIU benefits?
Veterans who can prove their mental and physical impairments are service-connected are generally eligible. However, you cannot have a dishonorable discharge. There is a section later in this article dedicated to eligibility.
What if I was denied TDIU benefits?
If you were denied TDIU benefits, you may be able to appeal. Remember, you only have one year from the date of the denial to appeal. Being denied TDIU benefits is common. Our VA benefit appeals lawyers can help.
Can I get TDIU if I was denied years ago?
If you were denied TDIU benefits years ago, you can re-apply. There is no limit to how many times you can apply for TDIU benefits.
How much do TDIU benefits pay monthly?
Individual unemployability benefits pay the same as a 100% VA Disability rating. Veterans who are eligible for TDIU benefits can receive more than $3,621.95 a month. There is extra compensation for veterans who have dependent children and parents.
My TDIU appeal period is over, what now?
If you did not appeal your TDIU benefits decision within one year, you can always re-apply. Veterans with service-connected mental and physical disabilities can apply as many times as they like.
Should I hire a TDIU benefits lawyer?What impairments count towards TDIU benefits?Who can get TDIU benefits?
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The Pact Act And Individual Unemployability
At VA, individual unemployability refers to the inability to hold gainful employment based on a veterans unique circumstances. Generally, veterans are unemployable if they cannot find or hold a substantial gainful employment job in an unsheltered environment.
SGE usually means the veteran cannot work enough hours, or earn a high enough wage, to live above the poverty line. SGE could also mean an inability to find fulfilling work, but these claims are difficult to win. Sheltered environments are employers like family or veteran-owned businesses. These bosses often give disabled veterans additional time off with pay. They also offer disabled veterans other accommodations, such as more time to complete specific tasks. Accommodations such as these are often unavailable elsewhere.
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.
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Am I Eligible For Disability Benefits From Va
You may be eligible for disability benefits if you meet both of these requirements.
Both of these must be true:
- You have at least 1 service-connected disability rated at 60% or more disabling, or 2 or more service-connected disabilitieswith at least 1 rated at 40% or more disabling and a combined rating of 70% or moreand
- You cant hold down a steady job that supports you financially because of your service-connected disability. Odd jobs dont count.
Note: In certain casesfor example, if you need to be in the hospital oftenyou may qualify at a lower disability rating.
What Evidence Will Support A Claim For Service
When filing an effective claim with the VA, gathering evidence is the signal most important step in the process.
The VA will look for three main things when they go over a Veterans claim:
Therefore, the evidence must focus on these three issues. If the evidence fails to support any of these components, the VA will deny the claim.
What evidence will support a Veterans claim for service connection?
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