Total Disability Individual Unemployability, or TDIU, is a benefit plan offered to veterans. The Department of Veterans Affairs offers TDIU benefits to veterans who cannot work due to service-related disabilities. At Tucker Law Group, our VA TDIU attorneys understand that denied benefits can be devastating. If you are a disabled veteran, you deserve to receive the appropriate compensation. For veterans who have been denied their due compensation, our VA disability attorneys may be of service. We offer help for veterans across the country.
What Are VA TDIU Benefits?
VA TDIU serves as an alternate route to disability compensation from the schedular ratings model. Under schedular benefits, the VA determines a veteran’s service-connected compensation according to disability ratings. These ratings come in the form of percentages, ranging from 0% to 100%, in increments of 10. The percentages are assigned to veterans according to the severity of their service-related disabilities.
Unfortunately, for veterans who suffer from many different service-related disabilities, it can be difficult to reach 100%. This is because the VA combines disability ratings instead of adding them together. For this reason, many veterans pursue VA TDIU benefits instead.
Individual unemployability will significantly hinder a veteran’s ability to support themselves financially. Often, veterans cannot maintain a job because of their service-related disabilities. Fortunately, the VA offers TDIU mainly as a way to account for this scenario.
When a veteran is approved for TDIU, their schedular rating does not increase, but their disability compensation increases to the same amount as a veteran who is rated at 100%. Despite the fact that their rating is not 100% on the traditional Schedular model, they get paid the same monthly amount as another veteran who has a 100% Schedular rating. In this way, VA recognizes that some conditions can be totally disabling, even when they are not rating 100%. This allows veterans who struggle financially due to their disabilities, but who do not have a 100% Schedular rating, to still have a chance to get compensated at the 100% rate.
There is a separate application for Individual Unemployability, the VA Form 21-8940. If a veteran believes they qualify for TDIU, they should file the Form 21-8940 as soon as possible.
Who Is Eligible?
There are two ways to qualify for TDIU VA benefits. If you are a veteran with a service-connected disability rated at 60%, you may qualify. Additionally, if you are a veteran with a disability rated at 40%, and two or more other disabilities that bring your combined rating to 70%, you may qualify. It is important to note that these disabilities must be service-related.
Additionally, these disabilities must hinder you from maintaining “substantial gainful employment.” Substantial gainful employment refers to a job that pays above the poverty level.
If your service-connected disabilities prevent you from getting or keeping a job that pays above the poverty level, then you may qualify for TDIU. It is important to note that this means TDIU recipients may still work. You will only be disqualified if you can obtain or maintain a job that pays above the poverty level.
TDIU Benefit Amounts
Currently, veterans who are approved for TDIU benefits can receive more than $3,000/month. This is true of veterans who are single and have no dependents. For veterans with spouses or dependent children or parents, this amount may increase.
Options for Veterans Who Have Been Denied TDIU
It is important to remember that receiving a VA TDIU benefits denial does not mean all is lost. On the contrary, there are many options still available to a veteran in this position.
If you have recently received a denial, you will have one year to file for an appeal. With the help of a VA TDIU attorney, you may be able to overturn the denial. It is important to seek help before this year is up so that you have a better shot at getting TDIU benefits sooner rather than later.
However, even if your TDIU VA benefits were denied in the past, you can always re-apply. There is no limit on the amount of times a veteran can apply for TDIU.
Tucker Law Group Helps Veterans Denied TDIU Benefits Nationwide
Disability attorney John V. Tucker is recognized for his experience and knowledge regarding TDIU disability. He is a frequent lecturer for the National Organization of Veterans Advocates (NOVA). His recent presentations there involved teaching other attorneys about TDIU and how to use vocational experts to win unemployability claims for veterans. As such, Tucker Law Group is more than qualified for helping veterans get the benefits they deserve.
If your TDIU claim has been denied, schedule your free consultation with us by calling toll-free from anywhere in the country at (866) 233-5044. You can also learn more by contacting us through our online form.
Our firm has the expertise and resources needed to create individualized strategies for beating the VA. Speak with our attorneys today to get help with your TDIU case.