Veterans with severe service-connected disabilities often find it difficult to obtain and maintain employment. But, if these veterans do not have a 100% rating, then the benefits that VA pays them do not reflect benefits for total disability.
What happens when a veteran with a service service connected disability becomes unemployed? Can that veteran qualify for a 100% total disability rating with VA?
If I am unemployed and have a 60 or 70 percent VA rating, do I qualify for a 100 percent TDIU rating?
As I have mentioned in previous articles, TDIU allows you to qualify for benefits at the 100 percent rating level in certain situations. One of those situations is a single rating of 60 percent or higher. The second situation is a total rating of 70 percent.
But, having the 60 or 70 percent rating is not enough. You also have to prove unemployability. After all TDIU stands for “total disability individual unemployability”.
The total disability is the 100 percent rating portion. In other words, you get a total disability rating when you qualify for TDIU.
The individual unemployability means that that you must prove unemployability to qualify for this rating. It is fairly easy to confuse “unemployed” with “unemployable”. Because of that, I want to clear up a common misconception that some veterans have.
That misconception is , “Well, I’m unemployed with a 60 or 70 percent rating). Therefore, I am entitled to TDIU benefits.” Unfortunately, that that’s not how VA law reads or works. Just because you’re unemployed, does not mean you automatically are entitled to receive TDIU benefits.
What is the difference between unemployed and unemployable?
“Unemployed” and “unemployable” are very similar words, but they have different meanings under VA’s rules. “Unemployed” has to do with your current status. If you do not currently have a job, you are unemployed.
“Unemployable” focuses on whether you are able to be employed. If you are disabled from work as a result of an injury or a medical condition, you might be unemployable.
To qualify for TDIU under VA’s rules, it is not enough to demonstrate that you are “unemployed”. You need to demonstrate that you are “unemployable”.
If a veteran with a severe service-connected disability gets laid off or fired for some reason, they are unemployed at that point. But, that does not necessarily mean they are unemployable under VA’s definition. VA’s definition of unemployable for TDIU purposes focuses or your ability to get and keep substantial, gainful employment.
Do I have to be unemployed to qualify for TDIU benefits?
Not necessarily. Usually, you have to be “unemployed” to be “unemployable”. But, that is not always the case.
The reason that you can sometimes prove that you are unemployable even when you have a job is that VA focuses on your ability to get and maintain substantial, gainful employment. For VA’s purposes, there are certain jobs that are not considered substantial gainful employment.
To receive TDIU, do I have to prove that I am permanently and totally disabled?
Sometimes, you might have a service-connected condition that causes you to be totally disabled for a short time. One example of this is a medical procedure that takes you out of work for a couple of weeks.
It is not going to be enough to prove to VA that you are unemployable for a relatively short time. You have to prove that your lack of work is sort of a relatively permanent state.
Do not just sit back and think you’ve got this one in the bag just because you are out of work now and are a service connected veteran with a 60 percent rating or higher. If you take that approach, you will probably be very disappointed when you receive that TDIU decision.
If you have questions or need help, we would be glad to look at your particular situation to see if we can assist you. Our mission is to help veterans with their claims and their appeals and to represent them when we can.
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.
Jason Perkins' skill and care in navigating the Workers' Compensation labyrinth were invaluable. While the road was not always smooth, I cannot imagine traveling it with anyone other than Jason Perkins. He is generous with his time and expertise, patiently answering questions and explaining legal issues. Jason's intelligent, individualized attention enabled me to endure the otherwise hideous business of Workers' Comp. litigation. Throughout the entire process, he remained unshakably friendly, good natured, and easy to talk to. We had some genuinely enjoyable conversation unrelated to the case! Above all else, Jason's expert counsel succeeded in securing me the best possible settlement. He has my highest recommendation.Kelly McCaffrey
Perkins Studdard LLC, is a professional team to have on your side if you are on Workmans Comp.
They handle your case till you get a fair settlement that you feel comfortable with.harold smith
Jessica, Travis, and his team are nothing short of angels. I was not making progress, so I spent 6 months researching law firms. I'm beyond grateful that they took the time to help me and I'm confident that no other firm could have gotten the same results.
The process was the most difficult and mentally defeating experience of my life, but they took 100% of the bourdon off of my shoulders. They communicated every step of the long and overly complicated process. I'm forever indebted to these people and I will never forget them. Every Christmas I pause to think about my guys who didn't make it home, and I'll keep this team in my thoughts during those hard times.
I know it's difficult, but there are people like Travis and his team out there willing and able to help. To the warriors, keep your head up and stay in the fight.Michael
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They got me over $100,000 in back pay. Got me to 100% P&T.James Powell
I initially started my workers’ compensation case with another attorney. Although he was a good attorney, I eventually realized that I needed a different level of communication and support throughout my case. After searching online, I came across Jason Perkins and decided to give him a try. I can truly say that I have not regretted that decision.
One of the things I appreciated most about Jason and his team was how responsive and communicative they were. Having an attorney who kept me informed was extremely important to me. I never felt like I had to constantly call and ask what was happening with my case or where things stood. Whenever there was movement or an important update, Jason and his team made sure I knew about it. I always felt informed and included throughout the process.
Jason was also straightforward with me and consistently gave me what he believed was the best advice for my situation. My case was a lengthy process, but having an attorney I trusted and knowing that my case was being handled properly made that process much easier to get through. I never felt like I was just another case or that I was being left in the dark.
Looking back, I am very glad that I made the decision to switch attorneys and work with Jason Perkins. He and his team gave me the communication, guidance, and reassurance I needed throughout a very long process. I would absolutely recommend Jason to anyone looking for a workers’ compensation attorney who will communicate with you, keep you informed, and genuinely work to get the best possible outcome for your case.Christina Barrett
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OMG, I wish I could articulate how Fantastic (5 stars) my experiences have been having Travis Studdard represent me over the years. He is amazing at what he does and he has done so much for me I can never thank him enough. Jessica is also Fantastic and always responds expeditiously.
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I understand you want your VA claim to be done as quickly as possible. But remember the ultimate goal – to win your VA disability compensation claim.
You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. If you are interested in avoiding unnecessary delay in your claim and want to do everything you can to maximize your chances of success, it is probably a good idea for you to consult with an accredited veterans disability attorney.
We would be happy to talk to you. If you would like a free consultation with our Perkins Studdard veterans disability attorneys just click here or give us a call to begin the process.
