How a 60% VA Rating Can Get You to 100%

VA math can be complicated and confusing.  Many veterans receive multiple ratings from VA for different service connected conditions.  But, their total VA rating adds up to much less than the sum of the individual ratings.

It seems like VA math almost always works against you.  But, there is one area where VA math can work in your favor – TDIU.

TDIU stands for individual unemployability or total disability based on individual unemployability.  The idea behind TDIU is that sometimes you are totally disabled from employment even if your VA rating does not add up to 100%.

 

Now, you probably cannot just go from a 10% VA rating to 100%.  But, if you have a VA of 60 or 70 percent, you may qualify for TDIU if you meet VA’s definition of unemployability.

In this article, I am going to focus on the requirements you may need to meet in order to qualify for TDIU.

What happens if I have a rating of 60% or higher for a single service connected condition?

One situation where VA allows you to use TDIU is when you have at least one service-connected disability rated at 60% or higher.   This is one of the threshold criteria for TDIU benefits.

VA uses these criteria because a 60% rating for a single service connected disability is pretty high.  Veterans with this high a rating will often find it difficult to work.  So, VA allows veterans who meet this criteria to qualify for TDIU if they also meet VA’s definition of unemployability.

Do I automatically qualify for TDIU if I have a 60% VA rating for at least one service-connected condition?

No.  The 60% VA rating for at least one-service connected condition just means that you could file.  You still have to prove that you are unemployable to qualify for TDIU.

What is the benefit of qualifying for TDIU?

The main benefit of qualifying for TDIU is getting paid at a 100% VA rating level.  There is a substantial difference between what you will draw for a VA rating of 90% and a VA rating of 100%.

For example, a veteran alone in 2017 would draw almost $1,800 a month with a 90% rating but would draw almost $3,000 a month with a 100% rating.  So, there is a difference of approximately $1,200 per month.  This means that a veteran with a 100% rating will receive over $14,000 a year more than a veteran with a 90% rating.

If the veteran has dependents (spouse, children, and/or parents), then the benefit numbers are a little different depending on the number and type of dependents.  But, veterans with a 100% rating still receive around $1,200 a month more than similar veterans with a 90% rating.

Can I apply for TDIU if my highest rated service-connected disability is under 60%?

Yes.  The threshhold of a 60% rating for at least one service-connected disability is not the only way to potentially become eligible for TDIU.  Veterans with a combined VA rating of 70% who have at least one rating of 40% can also apply for TDIU.

So, VA allows you to apply for TDIU if you have one very severe service-connected disability.  It also lets you apply if you have several service connected disaiblities and one of them is pretty severe.

Man talking with a doctor holding his neck in pain

The thought here by VA seems to be the same.  One severe disability may make it very difficult for you to work, but one fairly severe disability combined with several more minor disabilities may also prevent you from working.

Will VA automatically give me TDIU if I get my 60% rating and am unemployable?

Probably not.  VA almost always makes you file an application for TDIU.  While there are some exceptions to that, the safest thing to do is to file for TDIU.  Otherwise, you risk VA saying that you cannot get the backpay you would be owed because you did not actually apply for TDIU.

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

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