The exact amount of Individual Unemployability pay you receive depends on how many dependents you have. If you do not have any dependents, your monthly tax-free payment would be $3,057.13 Individual Unemployability (IU) is also called Total Disability Individual Unemployability (TDIU). Under this program, if you are more than 60 percent disabled and unable to engage in gainful employment, you may potentially get the same compensation as someone who is rated as 100 percent disabled.
Many veterans are fortunate enough to qualify for IU on their first try. But others will need to fight for the compensation they deserve. The VA may give you a lower than required disability rating, or argue that you are gainfully employed. But with the help of an experienced veterans benefit lawyer, you may be able to counter these assertions and successfully appeal your case. If you have been denied veterans disability compensation, call Jackson MacNichol today at 800-524-3339 for a free consultation about your options.
Who Qualifies for Individual Unemployability?
When the VA rates you as totally disabled for individual unemployability, they are giving you access to the same generous benefits given to people who are completely incapacitated by their service related medical conditions. For this reason, the VA looks closely at each application to weed out people who should not qualify. If you apply for TDIU compensation, they will carefully consider the following factors:
- Your discharge status from the military
- Whether your medical condition was caused or made worse by your military service
- Whether you have one condition with a 60 percent disability rating, or if you have two or more conditions, you must have at least one rated at a 40 percent rating or higher, and taken together, our overall combined rating is at 70 percent or more.
- How much money you make, and the conditions of your employment
Unfortunately, the VA sometimes misjudges cases and they could deny benefits when you actually deserve them. One common error is to miscalculate your VA disability rating. But you can challenge the ratings decision and get a second opinion. Another issue that can arise is your employment. You cannot receive IU compensation if you are gainfully employed, which usually means that your job puts you above the poverty line. But if you are employed in a so-called “sheltered environment,” you may still qualify even if your annual compensation exceeds the federal poverty level limit.
It’s Not Unusual to Be Rejected From IU on the First Try
Going up against the VA and appealing the denial of your disability compensation claim is not easy–especially if you are in pain and struggling to make ends meet. A veterans benefit lawyer can ease the stress of appealing your claim, and at the same time greatly improve your chances of succeeding.
At Jackson MacNichol, our many years of experience in veterans benefits appeals can be applied to solve your problem. Our experience helps us know what kind of evidence to gather, and how to make the kind of arguments that will convince the VA to give your application a second chance. If you have been denied or removed from individual unemployability, call us for free at 800-524-3339 and tell us about your case today.
Visit Site
Learn More