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The unfortunate reality for many veterans is that their service-related disability makes it impossible for them to hold down a job even though their condition was not rated 100% disabling by the VA. The good news is that maximum benefits might still be available.
If you are unable to work due to your disability, you might be able to get the most compensation possible through something known as total disability rating based on individual unemployability (TDIU) on individual unemployability. Let a veterans disability lawyer at Gang & Associates help you understand your options when it comes to TDIU.
What is Total Disability on Individual Unemployability?
TDIU is a VA benefit that pays veterans at the 100% compensation rate even though they do not have a combined rating of 100%. While a TDIU VA rating is not the same thing as a disability rated at 100 percent, the monthly benefit payments are the same.
There are two different ways to qualify: scheduler TDIU and extra-schedular TDIU:
- Scheduler TDIU – To qualify for scheduler TDIU, you must have at least one service-connected disability rated at 60% or higher, or two or more service-connected disabilities with one rated at 40% or higher and a combined rating of 70% or more. The majority of approved TDIU claims are based on these scheduler criteria.
- Extra-Scheduler TDIU – In exceptional cases, the VA may grant TDIU even if you don’t meet the scheduler criteria. This applies when your disability has unusual consequences like significant interference with employment or frequent hospitalization.
In addition to these thresholds, you must also be unable to maintain steady employment due to your service-connected condition. No rating will overcome your ability to earn a living when it comes to qualifying for TDIU.
Why TDIU Claims Are Denied
TDIU claims are frequently denied, but the reasons cited by the VA can vary. The best way to secure TDIU benefits is to understand why these denials happen and avoid costly mistakes along the way.
Misinterpretation of Unemployability Standards
A common reason for TDIU denials involves the VA misinterpreting what it means to be unemployable. Many claims are denied because the decision makers at the VA incorrectly assume veterans must prove they are unable to perform any work whatsoever. However, the actual standard requires veterans to demonstrate that they cannot maintain “substantially gainful” employment due to their service-connected disabilities. This standard recognizes that while veterans may be capable of minimal or marginal work, they may still be unable to earn a substantially gainful wage in a competitive work environment.
Improper Consideration of Age and Non-Service-Connected Conditions
Another frequent error occurs when the VA improperly factors in a veteran’s age or non-service-connected disabilities while evaluating TDIU eligibility. According to VA regulations, only service-connected disabilities should be considered in determining whether a veteran is unemployable.
Neglecting Educational and Occupational Backgrounds
The VA often fails to give proper weight to a veteran’s educational level and work experience when assessing employability. A veteran with limited education or highly specialized skills that are no longer applicable due to their service-connected disabilities faces unique challenges in the job market. Ignoring these critical personal factors creates a one-size-fits-all approach that fails to account for the real-world challenges veterans face, leading to unfair denials of their TDIU claims.
Major Mistakes in TDIU Cases
While a TDIU claim might result in life-changing benefits for you and your loved ones, a single mistake could upend the process and leave you empty-handed. The good news is that when you work with our firm, we will ensure you have done everything in your power to secure the maximum benefits that are typically reserved for a 100 percent VA disability rating. Some of the mistakes we can help you avoid include the following:
Listing Ineligible Disabilities
When applying for TDIU, it is essential to focus exclusively on service-connected disabilities. Any condition that is not service-connected will not be considered in your claim evaluation. Listing ineligible conditions on VA Form 21-8940 can complicate the review process and lead to unnecessary delays or denials.
Including Excluded Income
Your earnings calculations are an important part of a TDIU claim. After all, your eligibility hinges on whether or not you are unable to maintain employment due to your condition. If you report a substantial income, you may not qualify.
It is important to remember that you only need to include “earned” income in these calculations. Some forms of income—including SSI benefits, retirement, pension, and 401k savings—should not be taken into account. This mistake could be the difference between success and failure.
Relying on Your SSDI Eligibility
Many veterans assume that they are automatically eligible for TDIU benefits because they currently receive Social Security Disability Income (SSDI). While it is possible to receive both types of benefits at the same time, your eligibility for one program does not impact the other. In fact, the evidence needed to establish your qualifications for SSDI are very different than in a TDIU claim. It is entirely possible to qualify for SSDI and not be eligible for TDIU benefits. That said, the VA will take into account any medical records that supported your SSDI claim if that condition was service-connected.
Learn How a TDIU Lawyer at Gang & Associates Can Help
Securing a successful TDIU claim is about avoiding mistakes, understanding the reasons claims are regularly denied, and ensuring you meet all of the eligibility requirements. While this process is rarely simple, the good news is that you don’t have to tackle it on your own.
Let the team at Gang & Associates help you get the benefits you need. You could be entitled to maximum monthly payments without having a 100 percent disability rating from the VA. Contact us today to learn more from a skilled TDIU lawyer.