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Total Disability Based On Individual Unemployability (TDIU)

How to Get Total Disability on the Basis of Individual Unemployability (TDIU)

As a veteran, you may be eligible for veterans’ benefits if you can’t work. The laws for veterans’ benefits covers you if you have less than a 100% scheduler rating due to your service-connected conditions. But first, you must show the Veterans’ Administration (VA) that your service-connected conditions affect your ability to work.

If you can’t work and have less than a 100% scheduler rating, you may be eligible for a benefit called “total disability on the basis of individual unemployability” (TDIU).

The most important issue in your TDIU claim is proving you can’t work because your service-connected conditions. There are three requirements you must meet to win TDIU benefits:

  1. If you only have one service-connected condition, your scheduler rating must be 60% or higher.
  2. If you have two or more service-connected conditions, at least one of them must be rated 40% or higher and your combined disability rating must by 70% or more; and
  3. You must be unemployable because of your service-connected conditions.

What You Need to Win TDIU Benefits

To prove your case for TDIU benefits, you need to have evidence of unemployment because of your service-connected conditions (such as employment history records). You must also have medical evidence (like a doctor’s opinion letter) showing that your condition makes you totally disabled and that you can’t work at gainful employment.

If you do have a paying job, it doesn’t necessarily mean you can’t qualify for TDIU. If you’re working a job that pays under the poverty line, a job for a friend or relative, or other job that is protected from certain requirements, your job may not be considered “substantially gainful employment” by the VA.

If you’re currently working, but aren’t sure if your job qualifies as “substantially gainful employment” as defined by the VA, give our veterans’ disability attorneys at Jackson & MacNichol a call for help. Regardless of whether you can or can’t work, our attorneys can help you determine if you should file a claim for TDIU.

The VA Isn’t Perfect, Get Help from a Lawyer

No matter the type of veterans’ disability claim you submit, the VA is supposed to look out for you if you may be eligible for TDIU. They look at your VA claims file (“C-file”) to determine if you’re eligible for TDIU and other veterans’ benefits.

It’s important that all of your medical evidence and work history information are submitted to the VA. If not, the VA may not award you benefits you’re eligible for.

If you are approved for TDIU, just like all VA benefits, they aren’t permanent. You may be subjected to periodic medical exams to determine if your TDIU and other veterans’ benefits will be continued. The VA can also request employment information from you if you’re receiving TDIU benefits. If you don’t comply, the VA can revoke your TDIU benefits.

No matter where you are in the VA’s system and process, if you need help getting veterans’ benefits, TDIU benefits or improving your rating, call the veterans’ disability attorneys at Jackson & MacNichol for help.

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