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Tag Archives: individual unemployability

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VA Secretary Promises No Cuts to Unemployability Benefits for Seniors….This Year

David Shulkin, the U.S. Secretary of Veterans Affairs, issued a letter on October 12, 2017 advising veterans service organizations that VA now opposes eliminating Individual Unemployability benefits for veterans over 60 years old.   Despite a proposal when the Trump Administration’s budget was first floated this year that would have eliminated Unemployability – also called Total […]

VA Individual Unemployability: Submitting Social Security Disability Award to VA Raises Issue of TDIU

TDIU = Total Disability Based Upon Individual Unemployability Veterans may apply for a 100% rating if they are unable to work due to their VA service connected disabilities.  This extraschedular benefit is called Total Disability Based upon Individual Unemployability or “TDIU.”  Often veterans who might be entitled to TDIU apply for Social Security Disability benefits, […]

TDIU: VA Must Consider Relevant Social Security Disability Decision In VA Unemployability Claims

Social Security Disability decision can be relevant to VA Unemployability When a veteran wins a Social Security Disability claim, it will be relevant in their VA Unemployability claim if the decision based on the veteran’s service connected disabilities.  The key is why Social Security found the veteran disabled.  VA cannot consider disabilities that are not […]

VA Regulation 38 C.F.R. §4.16 – Total disability ratings for compensation based on unemployability of the individual.

I often write about Individual Unemployability claims for veterans and make reference to VA’s Unemployability regulation, 38 C.F.R. Section 4.16.  Anyone who is considering filing for or appealing a claim related to Total Disability due to Individual Unemployability (TDIU) should read the regulation.  Here is the full text of VA’s unemployability law directly from the Code […]

VA Unemployability Explained – What is TDIU?

Disabled Vets Can Receive a Total Disability Rating (100%) if They Cannot Work Because of Their Service Connected Disabilities Most veterans know about the Department of Veterans Affairs (VA) Schedule for Rating Disabilities (Rating Schedule) for service connected compensation.  Each different disability that a veteran can prove is related to their service gets rated at […]

VA May Not Consider Age in Individual Unemployability Claims

“TDIU” is an acronym for Total Disability Benefits due to Individual Unemployability Veterans often ask if they can file a claim for Individual Unemployability after their normal retirement age. The answer is YES!  VA is prohibited from considering a veteran’s age in service-connected disability claims.  A disabled veteran whose disabilities prevent them from working may […]

VA Must Consider Whether an Unemployable Veteran Can Perform “Marginal Employment” to Decide a TDIU Claim

Individual Unemployability – TDIU – Explained “TDIU” is an acronym for Total Disability Benefits due to Individual Unemployability Many disabled veterans may be entitled to 100% VA service connected compensation payments, even when VA rates their disabilities less than 100%.  Through an extraschedular rating called “Individual Unemployability,” often abbreviated “TDIU” which stands for “Total Disability […]

VA Must Consider ALL of Veteran’s Conditions in Combination, as well as Employment History, in Individual Unemployability Claims

Veterans who are not rated at 100% for their disabilities can still can paid at the 100% level if they can prove that their service connected disabilities prevent them from working.  This is called Total Disability due to Individual Unemployability (TDIU).  It is an extraschedular total disability rating. In a TDIU claim, VA is supposed […]

If I get disability benefits, can I take money out of my 401k without paying the 10% penalty?

If you get Social Security Disability or Long Term Disability (or some kinds of VA disability benefits), you may be able to avoid paying the 10% early withdrawal penalty if you take funds out of your 401k plan. A lot of people who get disability benefits have to tap into their 401k plans to pay […]

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