Many veterans have multiple disabilities as a result of their military service. Unfortunately, VA math for combined ratings often punishes these veterans since the combined rating that they receive is almost always less than the sum of their individual ratings.
But, one part of VA’s rules allows veterans to actually use math in their favor. TDIU is an area where VA recognizes that a veteran may be entitled to a 100 percent disability rating even though their individual ratings do not add up to 100 percent. In this article, I will talk a little bit about why VA does that in TDIU claims.
Why does VA assign the ratings that they do?
VA uses a part of the Code of Federal Regulations to assign ratings for disabilities. These regulations discuss all sorts of different medical conditions as well as the different ratings levels that may be assigned for those conditions.
The basic idea behind the rating system is that the rating reflects how a particular condition affects your ability to earn money. So, VA is really looking at economic impairment when it assigns a rating. TDIU is a fundamental part of that rating system because it assesses what happens when service-connected disabilities make you unemployable.
How does TDIU make VA math work in my favor?
Most of the time, VA math works against you. For example, you might have the following ratings:
40%
20%
20%
10%
10%
If you add up those ratings, you get to 100 percent. However, VA math does not work that way. Using VA’s math for combining ratings, those 5 ratings give you a 70 percent rating. So, VA math really seems to hurt you.
But TDIU allows you to use VA math in your favor in a couple of ways. Consider those ratings again. A veteran who has at least one rating of 40 percent and a combined rating of 70 percent can potentially qualify for TDIU if the veteran meets VA’s definition of unemployable. If the veteran qualifies for TDIU, the veteran receives benefits at the 100 percent rating level.
Why does VA’s math make sense in a TDIU claim?
One of the things I see a lot is the combined effects of disabilities. What I mean by that is that multiple disabilities can cause a greater degree of earnings impairment than individual disabilities would alone.
Taken alone, these two disabilities might not impair the veteran’s earnings significantly. But, together they can rule out almost all work because the veteran is restricted from doing physical jobs by the back injury and the PTSD often prevents the veteran from doing less physical work because that less physical work often involves more stress and interaction with people.
So, when you are a veteran that suffers from two or more disabilities, you may often suffer greater earnings impairment than VA’s rating indicate. Unfortunately, VA math for combined ratings usually assumes exactly the opposite. They assume that your second disability is not as disabling as your first and your third is not as disabling as your second and so on. So, you end up with a lower overall rating in most cases.
Will VA automatically realize this and give me a rating that reflects how my service-connected conditions affect me?
No. There are a couple of things working against veterans when they try to use VA math in their favor:
VA really only uses the “sum can be greater than the parts” math in TDIU claims. In pretty much all other claims, they are going to use their regular VA math and say that the sum is less than the parts. So, you will need to be a veteran with a 60 percent individual rating or a veteran with a combined rating of 70 percent and a least one individual rating of 40 percent to take advantage of this.
Veterans will likely have to provide VA with evidence showing the combined effect of their conditions because VA’s system of evaluation does not usually take into account the combined effect of your conditions
Let me talk in more detail about that second point. Lots of times, VA sends you to a doctor for one particular condition. Let’s say they have you evaluated by a cardiologist for your heart condition. Then, they send you to an orthopedic doctor to have your knees evaluated.
The orthopedic doctor will likely only look at the knees and not consider your heart. The cardiologist will likely only consider your heart but not your knees. For TDIU purposes, VA should consider the combined effect of these two conditions. While each individual condition may not make you unemployable, you should qualify for TDIU is if your service-connected conditions combine to make you unemployable.
Because of this, you may need to develop your own evidence. You could need a medical expert of conduct a general evaluation which considers all of your service-connected conditions. Another way is to get the input of a vocational expert, who is someone that looks at the limitations imposed by your disabilities and then looks at the combined effect of those from a vocational or job standpoint
You need to make sure that VA considers the combined effect of your disabilities to make sure you have the best chance of succeeding in a TDIU claim.
What should I do if I need help?
TDIU is one of the most complicated areas of VA law. You need to make sure that you file the write documents to apply for it and that you have the evidence to show VA that you meet its definition of unemployable as a result of your service-connected disabilities.
I have seen many veterans with serious service connected disabilities struggle to keep a job. Because of that, our veterans disability team has made it a focus to help veterans with their TDIU claims.
If you would like us to review your TDIU claim to determine if we can help you, you can do that for free. If you have questions about how our firms free consultation process works, just read this short article to find out more.
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.
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
I have enjoyed my experience with Perkins Studdard. The team is always available to answer questions and make me feel comfortable, and like I matter. Did a great job with my VA Disability.Matt Strange
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.
