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 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 had a great experience with Perkins Studdard Law Firm. The team was professional, responsive, and cared about my case. They explained everything clearly and kept me informed throughout the process. Excellent service and great results — I highly recommend them to anyone looking for reliable legal representation.Victor Martinez
This law firm did a great job and listened to all my concerns and had compassion for my case. They directed me through this process with graceTara Dean
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.
