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 had an excellent experience working with Jason Perkins at Perkins & Studdard on my workers’ compensation case. Jason was professional, patient, and truly cared about helping me. He made sure I understood every step of the process and worked hard to get me a great settlement. I’m very thankful for everything he did for me. If you need a workers’ comp lawyer, I highly recommend Jason Perkins and the team at Perkins & Studdard — they really go above and beyond for their clients!Cosmic Energy
Amazing work by an amazing firm. Mr. Studdard has personally explained to me what is going on with my claim and how he will move forward on getting things done. He has always been available to speak. Jessica Hyatt is also a pleasure to work by keeping me up to date on the claim and also letting me know what is needed from me. This firm is professional, effective and definitely client friendly.Richard Moreno
I highly recommend this law firm it’s truly been a blessing to me and my family . The attorneys treated me very well very respectful they listen to me. They understood how important this was to our family. They answer all our questions they return calls to us. They explained everything in detail to us.I know that it was because of the law firm that we received a quick decision from the VA which our claim was granted.Tanya Henderson,Hawkins,Wilson
I highly recommend Jason and his staff. His professionalism and experience proved to be very valuable in helping my case. He is very knowledgeable in his field of work.Eric Bowles
Travis has an amazing team, when I hit a brick wall with my case, he immidiatly gets on board to get to the finish line. 80% to TDIU in about 3 months.
Additionally, working with Jessica has been an absolute pleasure, she is a strong part of their entire team.
I would recommend them to everyone I know!!Jesse
I had a wonderful experience with them.
And they selected my case .
I would definitely recommend them.Martha Brooks
What can I say about Travis and Jessica besides thank you from the bottom of my heart. You two worked hard for me. I had no clue when it came to the VA and was about ready to just give up, but with your help and support we made it to the finish line. Yes, it took a couple of years, but it was worth it in the end. If anyone is looking for help with working with the VA these are the people that can do it for you. The VA tried to pull a fast one on me, but Travis was faster and called them on it and they backed down. Thank you both again for everything you did for me and thank you for what you do for all veterans everywhere.Tony Butts
Marlis Espinosa
If you are looking for someone to help you through the VA benefits appeal process, stop the search and give Perkins Studdard LLC a call. They are EXCELLENT! I had been denied VA benefits and needed to file an appeal, but the process is so complicated I didn’t feel confident trying to do it myself. I found Perkins Studdard LLC while searching online, gave them a call and have not been disappointed. It has been great working with Travis, Jessica, and the rest of the team. They are always proactive in all the steps, quickly answer all my questions, and provide updates along the way. They are always highly professional, yet down to earth and easy to talk to. I cannot say enough good things about them. There is no way I would have received the benefit I was awarded without their help.William Slaughter
Jason, can’t thank you enough for continued support during my workers comp case and follow-up even after winning my case. So thankful to your wonderful staff including Alison and Lisa for amazing communication and keeping me up to speed on the case. Jason Perkins at Perkins Studard LLC is absolutely the kind of lawyers needed when fighting for your medical support through Workerscomp.Rich Kid Uzi
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.
