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100% VA Disability Rating Based on Individual Unemployability – TDIU

Nationwide Representation for Veterans in TDIU Claims

When your service connected VA disabilities keep you from working, one way to get a VA 100% Disability Rating is called Individual Unemployability, also called Total Disability based on Individual Unemployability or TDIU.  John V. Tucker and his team of experienced VA Disability Lawyers represent veterans all over the USA whose service connected disabilities prevent them from working.  Our VA accredited disability attorneys have over 45 years of combined experience representing the disabled in all types of disability cases.  This experience is invaluable, because it uniquely positions us to understand how medical conditions keep someone from working. We know the ins-and-outs of medical records, various tests used to prove disability, and how to use vocational experts to prove that someone cannot work because of illness or injuries.  We also know the games played by VA to avoid paying TDIU claims.  Our VA Disability attorneys have successfully handled VA Individual Unemployability claims in VA Regional Offices all over the country, up to the Board of Veterans Appeals, and even on appeal to the Court of Appeals for Veterans Claims.  Our mission is winning your TDIU claim.

What is TDIU – Total Disability Based on Individual Unemployability?

Military veterans who have less than a 100% combined rating from the VA for their service connected disabilities can be paid at the 100% level if they receive TDIU.  Individual unemployability is an extraschedular total rating that is available under Section 4.16 of the regulations that govern the Deparment of Veterans Affairs.

There are two ways that a veteran can be granted TDIU. One requires a combined rating at a certain percentage level, and the other falls below that level.  The key to both methods is proving that your service connected disabilities prevent you from working for more than poverty level wages (just under $1000 per month for a non-married person for the current year).  Non-service connected disabilities cannot be the basis for the disability, so the veteran and their attorney must focus on the service connected conditions.

Every claim for service connection or a rating increase has a claim for Unemployability as part of it.  Even when a veteran does not specify that they have a claim for TDIU, the law requires VA to evaluate whether you are unemployable if the evidence shows that you cannot work due to your service connected disabilities.  However, VA does not do this.  Instead, VA requires veterans to file a VA Form 21-8940 (Veteran’s Application for Increased Compensation Based on Unemployability) before they will consider a TDIU claim.  Even though it is not required by the law, you should go ahead and file your Form 21-8940 as soon as possible if you have not done so already.  Keep in mind that if the VA denied your claim for increased benefits for your service connected disabilities, you still have an issue you can appeal if the VA failed to consider Individual Unemployability even if you did not file the VA Form 21-8940, but veterans should still file the form, because VA will eventually require it.

How VA Disability Attorney John V. Tucker Can Help You

Many veterans believe that VA will send them for evaluations with doctors that will help prove their claims.  More often than not, VA Compensation & Pension (C&P) examiners are not there to help vets, and this could not be more true than in TDIU claims.  Not only are the vast majority of C&P examiners not qualified to give opinions about unemployability, but our experience is that most are drastically biased against giving an opinion that any veteran is unable to work.

At our firm, we work with our clients to find an individualized strategy for beating the VA.  Some of the tactics we might use to help you fight a TDIU denial include:

  • Meeting with your doctors to take a recorded statement to document your limitations and restrictions;
  • Creating detailed forms for private doctors to complete explaining your limitations and restrictions;
  • Coordinating an independent examination with a doctor or for testing that can document your condition, as well as your restrictions and limitations; or
  • Hiring a vocational expert to prepare an individualized and thorough report providing an opinion about why your service connected disabilities prevent you from working or holding a job.

We strongly believe that there is no one-size fits all approach to every veteran’s claim.  You do not need cookie-cutter lawyers.  You need attorneys that will study your case and the evidence you have.  You need attorneys that will develop a strategy to win the case tailored to your case.  Most important, you need attorneys that will implement the strategy, obtain the necessary evidence, and present legal arguments to the VA that are designed to win your TDIU claim.

Disability Attorney John V. Tucker is a Recognized TDIU Disability Expert

Mr. Tucker has presented lectures at numerous national conferences on many disability topics, including TDIU.  He is a frequent lecturer for the National Organization of Veterans Advocates (NOVA), the nation’s leading veteran’s attorney and representative organization.  His recent presentations for NOVA included teaching other attorneys about TDIU, as well how to use vocational experts to win Unemployability claims for veterans.

Contact the Experienced VA TDIU Attorneys – We Represent Disabled Vets Anywhere in the USA

If your claim for Individual Unemployability was denied, contact John V. Tucker and our team of VA Disability Attorneys today by calling us toll free from anywhere in the country at (866) 282-5260.  If you have received a denial on your TDIU claim, we offer free consultations, as well as percentage attorney fees that you only pay if if we accept representation in your case and help you recover past due VA benefits.  If you prefer to contact us online, click HERE.

TDIU Library – Learn More About Winning Your VA Unemployability Claim:

VA Unemployability Explained – What is TDIU?

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

VA Regulation 38 C.F.R. §4.16 – Total Disability Ratings for Compensation Based on Unemployability

VA Must Consider ALL of Veteran’s Conditions and their Employment History in TDIU Claims

How Do Education and Work History Factor Into a TDIU Claim?

Disability Denied? They Say You Can do Sedentary Work… What Is Sedentary Work?

VA May Not Consider Age in Individual Unemployability Claims

VA Must Consider Whether a Vet Can Perform “Marginal Employment” to Decide a TDIU Claim

VA Must Consider Social Security’s Disability Decision in TDIU Claims 

VA Required to Consider TDIU When Vet Submits Social Security Disability Award


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