Succeeding in a VA unemployability claim makes a huge difference in your VA disability benefits. Even if you have a 90% combined disability rating, you probably receive somewhere around $2,000 per month. If your rating jumps to a 100% rating because you qualify for TDIU, you will receive almost $1200 more per month.
The exact amounts vary since you have to figure in what benefits you receive for your dependents. But, the increase from 90% to 100% is always somewhere around a 60% increase in your benefit amount.
Because of what is on the line, you need to be sure you understand the importance of your TDIU claim. In reviewing more and more Ratings Decisions on TDIU claims, I have come to realize that many veterans lose these claims because they fail to recognize the importance of nexus.
The same is true in a claim for VA unemployability benefits. Unfortunately, a lot of times I see veterans overlooking nexus in their TDIU claim.
In their mind (and sometimes in what they are submitting to VA), they’re saying, “I’m a service-connected veteran with disabilities and I’m unemployable. Therefore, obviously I should get unemployability benefits.”
Shouldn’t I qualify for TDIU if I have a 60% or higher VA rating and am unemployable?
Unfortunately, it does not work that way. There’s more that you have to prove, and what you have to prove is nexus.
Another way to say that is just because you are unemployable and you have a service-connected disability, that’s not the end of the story or the end of the question. You must show a link between your service-connected disabilities and your unemployable status.
Many different things could make you unemployable. You might have a disability that is not service-connected that could keep you from getting a job. You might simply choose not to work. But, these causes of unemployability would not create the link necessary to qualify for TDIU.
Another way of thinking about that is you need to demonstrate that you are unemployable because of your service-connected disabilities. Let’s take an example. Suppose you cannot work because your service-connected PTSD affects your concentrations and causes you to get angry with your co-workers. Establishing the link between your service-connected disability or disabilities and your unemployability should help you qualify for TDIU.
It is not enough just to have a service-connected disability and not have a job or be unable to find a job. You have to show that the reason you are in fact unemployable is related to your service-connected disabilities. If you can do that, then you should have a solid VA TDIU claim at that point.
What else do I have to establish to prove my TDIU claim?
TDIU is one of the most difficult types of VA claims. In addition to establishing nexus, you also have to establish unemployability.
Some veterans are concerned to ask questions about your TDIU claim. With the time it takes to get through the VA claims process, you want to try to get your VA claim right the first time if you can. Getting your questions answered can help you do that.
Our firm provided free consultations to veterans about their veterans disability claims. This article provides more information about how the free consultation process works. If you would like to set one up, just call us at (770) 214-8885 or complete and submit this form.
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.
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Vernita SmithVernita Smith
My deepest thanks to Travis Studdard, Jessica Hyatt and their team at Perkins Studdard! My odyssey with the VA began after my Marine Corps career ended and has gone on well over a decade. I initially worked on my claim myself but after 6 years, yes 6 years, of fighting with the VA, I was finally at the end of what I thought was a hopeless battle. Then I came across Perkins Studdard LLC while on Facebook and decided, what did I have to lose, so I gave them a call and had a conversation with Travis. He was very helpful, honest, and frank in his advise to me and thankfully he decided to take my case. He took a completely different strategy than the one I had been employing and with his expertise, once my case and multiple appeals had finally been settled, I received everything he promised and everything I deserved. The only thing I would have changed...I would have hired Perkins Studdard when I first intended to file a claim with the VA, rather than try to do it myself.
Thank you and Semper Fi
Rich LarsenRichard Larsen
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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.
