Many veterans develop low back conditions as a result of their military service. Veterans who apply for VA benefits for these conditions often receive a rating between 10 percent and 40 percent. Some veterans receive a 50 percent rating, but that difficult to qualify for.
Often, low back these low back conditions worsen over time. When service-connected conditions worsen, veterans are often eligible for an increased rating through VA.
Also, the worsening of a low back condition can make it very difficult to work. Many veterans work blue collar jobs. What happens to these veterans when their service-connected back condition worsens to the point that it prevents them from doing their jobs.
Why a 40 percent back rating matters if your back condition prevents you from working?
Serious low back conditions make it difficult to perform all kinds of work. Many people with serious back conditions need to change positions regularly. They also have difficulty lift, bending, andtwisting
What if my back rating is less than 40 percent but still prevents me from working?
If your back condition is less than 40 percent, there are still a couple of ways that you might use it to help you qualify for TDIU.
If your back condition has worsened since you received your rating, you could file for an increased rating and TDIU.
Even if your back condition remains less than 40 percent, you could qualify for TDIU if you have another service connected condition rated at least 40 percent and a total VA rating of at least 70 percent. You could still use the limitations from your back condition and your other service-connected conditions to prove to VA that you meet their definition of unemployable.
How would I prove TDIU to VA when I have a 40 percent back rating?
Proving TDIU can be tough. You will want to provide VA with evidence of how all of your service-connected conditions affect you and your ability to work.
Low back conditions are notorious for making it difficult to work. Many people with serious low back conditions have to change positions from sitting to standing and back. Many jobs do not allow you this flexibility.
Low back conditions often limit your ability to bend and lift and may prevent you from doing those jobs as well. The ultimate question is going to be whether all of your service connected conditions prevent you from working. This article I wrote talks some more about providing evidence of TDIU to VA.
What if I have a service connected low back condition and service connected PTSD?
One situation we run across where two conditions can combine to really affect your ability to work is a low back injury and PTSD. As I mentioned above, a serious low back condition will make it difficult to do most physically demanding activity. That type of back condition may essentially limit someone to sedentary work. Sedentary work is what most people think of as an office type job with very light lifting and mostly sitting instead of standing or walking.
By itself, that may not be enough to make someone unemployable under VA’s standards. But, PTSD often makes it difficult for people to create or maintain relationships, to interact with others, and to deal with stress and criticism. Because of this, PTSD can make it difficult to work in a closed office environment.
So, one condition (the back injury) may limit you to office type work. The other condition (PTSD) may prevent that office type work. This can often mean that you are unemployable because of the combined effect of both conditions.
Other conditions can have similar effects when combined with limitations from back conditions. But, PTSD is the condition that we most commonly see having this effect because it can make it difficult to do work in an office environment.
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 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 recently needed a lawyer for a Workers Compensation Inj. The Dr. I saw ordered back surgery. The company declined to approve the surgery. So i went to the Law firm of Perkins & Studdard, as they were highly recommended…Mr. Studdard is a Veterans Affairs Lawyer. Mr. Perkins & his staff handled my case… every person in the firm were nice, helpful, and showed empathy for my situation. Mr. Perkins is very thorough & at the same time worked diligently for me. He got me compensated fairly. If not for this Law firm im not sure what i would’ve done. Thankfully they lowered my stress and communicated regularly.
If you need help with an injury etc… Perkins & Studdard is who I highly recommend!!!tim copley
After my VA claim was denied, I felt defeated, depressed, and overwhelmed. I spent a lot of time researching different agencies, only to find that many of them made promises they couldn't back up and were not properly accredited.
I decided to give Perkins Studdard LLC a chance because they were accredited, and it turned out to be one of the best decisions I've ever made. From the very beginning, Jessica, Travis, and the entire team were professional, knowledgeable, and genuinely committed to helping me navigate the VA claims and appeals process.
Their guidance, communication, and dedication made a difficult process much easier to manage. Thanks to their hard work and expertise, I finally received the benefits I had been fighting for.
I highly recommend Perkins Studdard LLC to any veteran seeking assistance with a VA claim or appeal. Don't waste your time elsewhere—this team truly cares and delivers outstanding service.nelson figueroa
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 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.
