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Tag Archives: TDIU

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

VA Secretary David Shulkin, M.D. 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 […]

Can Veterans Get Temporary 100% Compensation Rating While a TDIU Application Is Pending?

The Problem:  Waiting for VA to Process a TDIU Application When Another Agency Already Found You Disabled We are often asked whether the VA has to assign a Temporary 100% Service-Connected Disability Rating while the VA is processing a veteran’s application for Total Disability Based on Individual Unemployability (TDIU).  This often comes up when another […]

TDIU: Learn More About Winning Your VA Unemployability Claim

TDIU – Get 100% VA Compensation if you cannot work If you cannot work because of medical conditions that were caused by your military service, you may be entitled to 100% VA service-connected compensation for Total Disability based on Individual Unemployabilitity (often abbreviated TDIU or I.U.).  You may get TDIU even if your conditions are […]

VIDEO: Veterans – Why You Need A Vocational Expert For Your VA Individual Unemployability Claim

Are you a veteran that cannot work because of your VA service-connected disabilities (or conditions that should be service-connected)?  You should consider filing a claim for Total Disability Based on Individual Unemployability (TDIU) and hiring a vocational expert to support your claim.  TDIU is a way to get paid at the 100% level, even if […]

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, […]

How Do Education and Work History Factor Into a VA Claim for Individual Unemployability?

TDIU = Total Disability Based Upon Individual Unemployability VA’s regulation that allows veterans to be paid Total Disability due to Individual Unemployability (often abbreviated TDIU), 38 C.F.R. §4.16 requires VA to consider a veteran’s education and past work history.  Among other things, the VA has to factor in the veteran’s “employment history, educational and vocational attainment.” […]

Veterans Court: VA Errors Cause More Delays – TDIU Claim Remanded to Board When VA Decision Not Kept in File

In a recent case before the Court of Appeals for Veterans Claims (the Veterans Court), missing documents in a claim for Total Disability Based on Individual Unemployability (TDIU) became the major issue.  James Sanders, a Vietnam era veteran who had been awarded both a Purple Heart and a Bronze Star, received VA ratings for PTSD […]

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 […]

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