Do I Need an Attorney for VA Individual Unemployability?

individual unemployability If you are seeking a 100% VA rating based on individual unemployability, you may be wondering whether you should “go it alone” or hire an attorney to help you pursue VA disability compensation at the 100% level.  Although every situation is different, individual unemployability claims (also known as IU or TDIU) are one area of VA disability law where you would probably be well served to consult with a VA disability attorney.

Why an Attorney Is Helpful in VA Individual Unemployability Claims

VA Individual Unemployability claims may need an attorney for two reasons:

  1. VA does not liberally grant individual unemployability, and
  2. Individual unemployability claims are complex from a factual and legal standpoint.

Let’s look at both of these reasons in more detail so you can decide for yourself whether you want some legal help as you tackle your individual unemployability claim.

Individual Unemployability Claims Are Hard To Win

If you are able to win service connection for your disabilities, that does not mean VA will necessarily take into account the full effect those disabilities have on your ability to earn a living.  That is especially true when you are seeking Individual Unemployability benefits.  The VA denies a large portion of individual unemployability claims.  Although there are several reasons why this is probably the case, let’s get right down to it: money.

Individual Unemployability Claims Mean a Big Increase in Monthly Disability Compensation Payments

It can be difficult to prove a VA individual unemployability claim If you are rated at 70%, an increase to 100% will more than double your monthly disability compensation payment.  As an example, a single veteran with no children would see an increase of $1,572.12 per month, from $1,334.71 to $2,906.83 per month.

That sounds great, but because of the way VA math works, it is difficult to go from 70% to 100% based on schedular ratings of your disabilities.  If you aren’t familiar with VA math and how combined ratings work, check out our earlier article that explains it in more detail.

That’s why Individual Unemployability is so powerful for veterans; it allows a way for a substantial increase in compensation that many times would not be possible otherwise.  By keeping the percentage of successful individual unemployability claims low, VA can ensure that most veterans never receive benefits at the 100% level.

Because the success rate for those claiming individual unemployability is less than those with other types of VA disability claims, you need to make sure you present a strong case showing that your service connected disabilities prevent you from performing substantial gainful employment.  In other words, eliminate every possible weakness in the claim to make it harder for VA to deny it.

Of course, that is sometimes easier said than done, which leads us to the second reason an attorney may be a good idea for your individual unemployability claim.

VA Individual Unemployability Claims are Some of the Most Complex VA Disability Claims

When VA is deciding whether your service connected disabilities make you unable to perform substantial gainful employment, that encompasses two separate but related questions.

The first is a medical question.  How severe are your disabilities?  What types of physical limitations do those disabilities create?  What mental or cognitive limitations do they create?  There are various ways to establish these limitations through lay and medical evidence.  You will probably need a combination of both to create a compelling case for a grant.

The second is a vocational question.  That involves taking your physical and mental limitations from your service connected disabilities and considering their impact in the workplace context.  If you cannot bend or lift heavy objects, that will limit the number of occupations for which you are qualified.  Similarly, if you have service connected PTSD, your mental state may prevent you from performing work that involves stress or intensive interpersonal interaction.

Psychiatrist While it may seem common sense to you that your PTSD prevents you from working in a high pressure sales environment, or that your back injury prevents you from working in certain occupations that involve lifting, VA does not apply a common sense approach.  They will likely require the opinion of a vocational expert, who is a person with training and expert knowledge of the various occupations in our national economy and the physical and cognitive requirements for each.  They can then compare your limitations to those occupational requirements to render an opinion on your ability to work.

There are many small pieces to this overall puzzle.  Missing one of them may result in a denial.

Veterans With Individual Unemployability Claims Have Enough to Deal With Already

If you are a veteran who is unable to work because of his or her disabilities, that means you already struggle on a daily basis as it is.  Adding the responsibility and stress of proving one of the most complex of VA disability claims may not be a good idea.  Many times, this is more difficult and stressful than working.

If that is your situation, you should at least consult with a veterans disability attorney to see if you may benefit from hiring someone who understands this complex process.  We are always interested to see if we can help veterans, especially those who disabilities are severe enough that they can no longer work and provide for their families.

If you would like to learn more about what we might be able to do in your particular claim, please reach out to us through our website or give us a call.

 

Travis Studdard is an attorney who focuses on representing veterans in VA disability compensation claims.  He regularly writes about issues that are important to veterans and their families.

You can subscribe to his Veterans Disability channel on YouTube.

Travis, Jessica and the team were amazing. I’ve been working for the benefits I’ve deserved for years and should have worked with Perkins Studdard initially. They were always great answering questions and helped me more than I ever could have imagined. I highly recommended them as a VA disability law team to help anyone. I’d give more stars if I could.Theodore Tarbush
I highly recommend Travis and his team. From start to finish, the communication and professionalism were outstanding. Jessica was absolutely amazing — responsive, knowledgeable, patient, and always willing to help answer questions and keep me informed throughout the process. Travis was also excellent and made me feel confident that I was in good hands. Their entire office treated me with respect and care, and I truly appreciate everything they did for me. If you’re looking for an attorney and legal team that genuinely cares about their clients, I would definitely recommend them.Carlos Thornton
Travis Studdard and his team were always professional and from intake to case resolution, they were extremely pleasant to work with. After working closely with them for roughly six years, they successfully appealed my sleep apnea claim with the VA. At times I thought about giving up, but it was their diligence and confidence in their approach that gave me the ability sustain. There were no surprises, they led me by hand every step of the way. My family and I are truly appreciative for their great work. His team truly cares and it shows. They will fight to the end for veterans. I couldn't be happier with the results.James
I had the pleasure to be helped by Travis and his team on my VA disability claim. They know what they are doing, and I would definitely work with them again. I recommend them to any veteran that has a wrongfully denied claim with the VA...Joel Onomo
Travis and his team helped me get my case done when I couldn't get it done by myself.Everything went much faster and better than I expected.I highly recommend his team for any veteran trying to get a claim processed. Norman Scott,U.S.Army veteranNorman Scott
Jason Perkins and his team are so kind, knowledgable and helpful. They were thorough with all my legal needs and made sure my medical needs were taken care of financially. What I most appreciate is that he was always very clear about what was best for my case, but he also always told me I needed to do what was best for me, both mentally and physically. He was always available to answer questions, made sure I understood, and was willing to let me make decisions regarding my case. His ethics are beyond reproach. He would not take a percentage of a payment he did not help me receive. You can trust him. He always made it clear that my mental and physical well-being were more important than any part of my case. Then he would explain what would be best for the case and why, and allow me time to decide. Being in the Worker's Compensation system was an incredibly demeaning experience. I am a strong, educated woman, but when everyone in a system tells you that you are not worthy of the care you have received your entire life, and you instantly become less than to many of those who are suppose to be caring for you, it would weigh on anyone. I am so thankful I had Jason and his team fighting for me, getting me things I never would have imagined would be denied, like a second opinion before surgery, or physical therapy instead of opioids. I cannot imagine trying to handle this experience by myself.Andri Pilgrim
Would definitely recommend 10/10! The team was super helpful through the entire process, and always were available for questions anytime I needed. Always quick to respond, and we’re always sweet and professional!Haley Nicole
Perkins Studdard LLC has been wonderful to work with from the first day through the final journey. They were prompt in requesting the information from me so they could appeal my claim with the VA. I had exhausted all means trying but they were able to get me to 100%. I would "HIGHLY" recommend using them if you are having difficulty getting anywhere with the VA.Mike Black
When i found this law firm I was going through a hard time not just with the VA but mentally as well. And after i hard denial i reached out to Travis and let me just say that was the best decision of my life. From the first call i knew i had made the right decision they are nothing short of amazing. Shoutout to Jessica and Chandler they both helped ease my stress and make the process so smooth it felt really good to be heard. My only mistake was not reaching out to them sooner. Thank you all so very muchRilesia Singleton
Perkins Studdard LLC has done for me what VSO, the DAV, and I could not do on my own. For 10 years after my last rating the VA was bound and determined to keep me at my current percentage. My body was tired physically and mentally. I needed help that the civilian world was not going to let me stop work for. I contacted Perkins Studdard and worked with Jessica and Travis. To tell you what I ever hoped for was greatly exceeded. I am able to now properly heal since 2007 when I was medically discharged. I promise when we feel like we are forgotten you have people like Travis and Jessica that work hard for you to make sure you are not. Their policy on pay is exceptional and even when I got aggravated they understood how to keep me calm and helped my patience. I think the VA does not like to see them coming. I got the holy grail, home run, I can breath decision I needed. Let them help you!Lisa Jordan

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