Total Disability Individual Unemployability (TDIU Benefits)

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Nashville Disability Attorney (38 CFR 4.16)

Comerford Law Office represents veterans who are seeking disability payments from the VA. James R. Comerford has completed the accreditation procedure with the US Department of Veterans Affairs and is now allowed to represent Veterans seeking disability compensation. Many young military personnel deploy to other countries as they begin their adult lives and make preparations for their future jobs. Too many, though, return to the United States with their goals drastically altered. Many catastrophic battle injuries might preclude a veteran from continuing their desired job path or possibly working at all. You may be eligible for Total Disability Individual Unemployability (TDIU) Veterans’ compensation if you were injured and are unable to work.

In general, the number of veterans benefits you will get for your injuries is decided by the Department of Veterans Affairs disability rating (VA). If you have a non-100 percent debilitating injury or condition that prohibits you from gaining or retaining a job, you may be eligible for a TDIU rating, which can boost the number of benefits you get to 100 percent despite having a lesser disability rating.

In general, you must fulfill the following requirements to be considered for individual unemployability:

  • You’ve served in the military;
  • You have one or more service-related impairments (one with a disability rating of at least 60%; or two or more disabilities with one rated at least 40% and the cumulative rating for both coming up to at least 70%);
  • You are unable to maintain profitable employment due to your impairment (odd jobs do not count).

Veterans with lower ratings than the above minimums may be eligible for TDIU payments in select rare cases if their disability has unique impacts that make it difficult to work.

Helping You Qualify for TDIU

Many persons with less than 100 percent disability ratings are unaware that if they are unable to work, they may be entitled to further payments. Because they are unable to retain work for a lengthy period of time, they may struggle to make ends meet on their partial benefits and odd jobs. The following are some of the circumstances that may prevent you from working:

  • Back issues might prevent you from lifting, moving around, or even sitting for long periods of time.
  • Traumatic brain injuries (TBIs) can result in cognitive deficits, making it difficult to concentrate, follow instructions, or interact with others.
  • PTSD – Many soldiers suffering from PTSD have uncontrollable flashbacks, phobias, anger, and other mental health challenges, which can lead to employment termination.

These are only a few examples of the conditions that may qualify for TDIU.

VA Unemployability FAQ’s

What Exactly is a VA Unemployability Claim?

Although proving a TDIU claim is tough, you do not have to establish that you are “100% incapacitated.” The VA, on the other hand, will demand you to show that your impairment is real, that it fulfills VA standards, that it was received in the line of duty, and that it prohibits you from working.

What are the VA’s Criteria for Total Disability or Individual Unemployability?

You can have your disability rating increased to 100 percent based on individual unemployability even if your VA disability rating is less than 100 percent. To be eligible for TDIU benefits, you must demonstrate the following:

  • You are already receiving service-connected benefits.
  • One or more impairment is rated at 60% or higher individually, OR two or more disabilities are rated at 70% or higher cumulatively, OR your disability qualifies you for special consideration and the VA’s grading system should not be utilized (known as extra-schedular)
  • Alternatively, you can make a separate claim to have your disability rating enhanced if you have medical or vocational confirmation that your impairment prevents you from working.
What is the TDIU Effective Date?

The effective date is the earliest date VA will pay you for your service-connected disability. The effective date for TDIU is generally the date 1) you met the schedular requirements for TDIU or 2) the date it is determined you are unable to work due to your service-connected impairments, whichever is later. 

Am I Entitled to Back Pay from the VA?

Yes. It might take years to process an application. The VA will pay your claim from the day it receives your application if your application is approved. You are eligible for reimbursement for payments made between the time your application was submitted and the time your claim was approved.

How Long Does VA Unemployability Last?

VA unemployment might be permanent or temporary, depending on your medical condition. The P&T (permanent and total) box will be ticked in circumstances when unemployment is declared permanent. This implies that no further medical checks to assess your status will be planned. In certain circumstances, veterans’ infirmities are re-rated higher, while in others, they are re-rated lower.

Contact An Experienced Nashville Veterans’ Compensation Lawyer for Help

Various service-related illnesses and impairments might make it hard for you to retain a job that pays enough to sustain yourself. We understand the many various ways that disability might impede you from earning a decent livelihood at the Comerford Law Office in Nashville. With partial veterans’ disability compensation, you don’t have to keep scrounging to make ends meet. Instead, contact James R. Comerford, a devoted veterans disability attorney, to explore your TDIU (Total Disability Individual Unemployability) Veterans’ Compensation alternatives. Please contact us right away.

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