Veteran Appeal | What are the requirements for VA TDIU | Cameron Firm PC
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Загружено: 2023-11-01
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TDIU is a special rating designed to compensate veterans who are unable to work because of their service-connected disabilities and whose ratings don’t add up to 100%. The VA rating scheme is loosely based on how much a veteran’s disability impacts their ability to work. However, the ratings are often based on clinical symptoms and don’t consider real-life circumstances.
Suppose a veteran is rated less than 100% but is totally unable to work because of their service-connected disability. In that case, they can apply for TDIU to make up for the gap in compensation.
TDIU VA Requirements
Veterans must meet a few conditions to be granted TDIU. VA disability rules state the veteran must not have been discharged dishonorably and the veteran must meet rating and employability requirements.
Ratings Requirements
Schedular TDIU
Schedular TDIU means the veteran meets one of two possible conditions:
They have one service-connected disability rated at 60% or higher
They have multiple service-connected disabilities. One of the disabilities must be rated 40% or more, and a combined rating of at least 70% overall
It must be these disabilities that prevent the veteran from maintaining employment. For example, if a veteran is rated 50% for migraines, 30% for hearing loss, and 30% for PTSD. This veteran’s total combined rating would be 90%.
Though the disabilities are not rated as 100% disabling, the combination of these particular conditions — migraines, PTSD, and hearing loss — can render a veteran unable to function. Even if episodes of migraines and PTSD aren’t frequent enough to be rated close to 100%, a veteran may still be unable to maintain substantial gainful employment due to the unpredictability of incapacitating episodes.
You can use our disability calculator to get a better idea of what your rating could be.
Link to the VA Disability Calculator https://veteranappeal.com/va-disabili...
Extra-schedular TDIU
Veterans who don’t meet the schedular criteria above can sometimes apply for extra-schedular TDIU. The VA has decided that if a veteran’s situation is so unique that they are both unable to work and unable to obtain ratings higher than the schedular threshold, the rating board will submit the question to the Director of Compensation Services.
The rating board will provide the Director with information on the veteran’s disabilities, employment history, educational and vocational training, and other relevant factors. The Director then determines whether the rating board should review and make a determination of the claim for TDIU.
Unemployability Requirements
Learn more about TDIU by following this link... https://veteranappeal.com/total-disab...
There are three primary considerations for being unemployable for TDIU purposes. The veteran could be considered unemployable if any of the following conditions are met:
Whether the veteran can obtain employment. If something about a disability picture prevents a veteran from being hired in the first place, they may be considered unemployable.
Whether the veteran can maintain employment. Even if a veteran can get hired with their disability, if they keep losing jobs because of it, that counts as being unemployable.
Whether the employment is gainful. The job or jobs must provide a living wage.
Additionally, if the veteran works in a “sheltered” environment, where they receive accommodations that most people wouldn’t, they may still be considered unemployable. Part-time work and jobs that do not pay enough to live above the poverty line are also not considered gainful employment.
How To File for Total Disability Based on Individual Unemployability
To apply for TDIU, veterans must fill out and submit the VA’s Application for Increased Compensation Based on Unemployability.
Download the VA form to apply for TDIU... https://www.vba.va.gov/pubs/forms/vba...
The application can be submitted online via the VA eBenefits portal or mail it to:
Department of Veterans Affairs
Evidence Intake Center
PO Box 444
Janesville, WI 53547
Link to the contact form https://veteranappeal.com/contact/"
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