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Not Rated 100% for Your VA Service-Connected Disability? Here’s How to Get Paid Like You Are…

Tucker Law Group
January 25, 2021

Are you a disabled veteran with a rating below 100 percent? There is a way you can still be paid as though you have a 100% rating if you are unable to get and keep a job as a result of your service-connected conditions. It’s called TDIU.

TDIU stands for Total Disability based on Individual Unemployability. Veterans can file for TDIU while they are also seeking a 100% rating, using the form 21-8940. You file it just like you would file any other disability claim, and if you do succeed in reaching a 100% rating then your TDIU would just be ignored and considered “moot” because you wouldn’t need it. However, if you’re reading this then you or someone you know and care about probably has a less-than-100% rating.

Doctors do not always document symptoms well to make the case for disability, and sometimes doctors outside of the VA need to be hired to do comprehensive reports that will document what the VA doctors do not. Psychologists and vocational experts may be included in making your case for TDIU.

At the time of writing, a single veteran who is not married can receive about $3,200 per month for TDIU. A claim may go through appeals and require building up additional evidence, but if you are disabled and rated less than 100% that rating may be due to something the VA doctors are not documenting, and we can help. Watch the video to learn more.

At Tucker Law Group we handle VA Disability cases every day. If you are a disabled veteran rated below 100% or your disability claim has been denied, call Tucker Law Group at (866) 233-5044, or review our videos and media library for more information.

Video Transcript
You're not rated 100% for your VA disability. Here's how to get paid like you are.

I'm John Tucker. I'm a VA Disability Attorney. And I want to tell you a story about a client of mine named Terry. It will help you understand how your VA disability rating isn't necessarily the end of the line and you may be able to get paid as if you were a hundred percent, even if VA will not rate your claims 100%.

Terry came to me after he had been service-connected for PTSD. VA had given him a 50% rating. We worked with him and determined that he's not able to actually work, but his doctors were not documenting his symptoms very well. We had him file a claim for something called Total Disability based on Individual Unemployability. And we hired a psychologist outside the VA to do a private exam. That psychologist is a doctor that we knew would do a comprehensive report to explain the types of things that were happening to Terry that VA doctors just don't do a good job documenting.

The TDIU claim, Total Disability based on Individual Unemployability, was filed because Terry was not able to work even though he wasn't rated 100%. TDIU allows you to get paid as if you are 100% rated, even if the VA hasn't rated your claim 100%. there's a form for it. It's a 21-8940 that you have to file now. VA will require you to file it. So be sure to file that. In Terry's case, the appeal went through and VA decided they were wrong. He should be paid at 70%, but not a hundred percent. And then they denied his TDIU application.

In the next appeal, we hired a vocational expert. We thought the psychologist report was enough. And in reality it was, but VA didn't think so. So we hired a vocational rehabilitation expert and ultimately VA approved Terry's claim for TDIU. They never gave him a 100% rating, but he got paid as if he was rated 100%. As I'm doing this video right now, that's about $3,200 per month for a single veteran who's not married.

In your situation, you may have other combinations of impairments. You may not just have PTSD. You may have other problems. No matter what your combined rating is, if it's less than a hundred percent and you can't get a job or keep a job, you can file an application for TDIU. If your claim has been denied, seeking 100% benefits or for TDIU call me. I represent veterans like you all over the country from Florida to Alaska. We can help you. Use the number on your screen. I'm John Tucker. Thanks for watching.