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.
My experience with the team at Perkins Studdard LLC was nothing short of outstanding.Jason Perkins handled my case with the upmost professionalism. It has been emotionally and physically exhausting for me, but Jason Perkins and his team helped me thru it. Their service was exceptional and the Paralegal Staff was always courteous and prompt in their response time which made it more bearable.I am truly grateful for their patient and caring spirit and I highly recommend Perkins Studdard LLC .........Thanks so much, CherylCheryl Brown
We would highly recommend Perkins Studdard to everyone, they are very professional, personable and efficient. They have stood by our side during out VA disability case until we got our claim rewarded at 100%, more than we ever dreamed of. Travis is very experienced attorney and has an awesome demeanor with getting your case settled. Jessica his assistant is the smartest, sweetest asset to the firm. She's highly experienced in VA benefits, being a veteran herself. They always took our calls, questions and got us the answers we needed. Again, highly recommend the law firm of Perkins Studdard!!Janene Schoonover
Mr Perkins has helped me on two workers comp cases. Twenty years apart. Jason and his staff have taken care of everything I needed. They are very professional and I would highly recommend them.Chris Chapman
I highly recommend Perkins Studdard law office to any one looking for a Worker's Compensation attorney. The knowledge and professionalism that the entire staff gives to you is amazing. Jason is down to earth and makes your experience feel so much better, he takes alot of the worry off of your shoulders. Definitely would hire this firm again if needed!!Lori Clark
I had an outstanding experience with Perkins Studdard LLC for my workers’ compensation case. Jason Perkins and his team were incredibly knowledgeable, responsive, and compassionate throughout the entire process. They took the time to explain every step, answered all my questions promptly, and ensured I understood my rights. Their dedication led to a successful outcome, and I felt supported the entire way through. I highly recommend Perkins Studdard LLC to anyone in need of a skilled and caring workers’ compensation attorney.Breezie I B
Travis Studdard is an outstanding attorney. I had given up on my VA claim over ten years go. Travis revived my claim and was able to get me secondary service connection for sleep apnea (secondary to residuals of septoplasty). I am thrilled at the results. Travis was able to expertly navigate the VA system to reach a positive result. I very, very highly recommend Perkins Studdard.Ilya Poluektov
My name is Vernita Smith, I endured a I jury on my job in 2019, I got a little discourage not knowing what to do regarding this matter. One day I researched online for myself. I researched Workman's Comp Lawyers in Atlanta, there were several pulled up, but for some reason I chose Perkins StuddardLLC. I can truly say Mr. Jason and his entire staff has been there and guided me every step of the way. It was a blessing 🙏 for me to have found 🙏 this Company. Mr.Jason and his staff members was always caring, kind, helpful, pleasant everytime I spoke with them. I would highly recommend this company to my family ❤️ and anyone who needs ❤️ assistance. So I thank you so much to Mr. Jason and his entire staff. May God continue 🙏 to bless you 🙏 to be able to serve 🙏 many people all over the world.🙏 💞🙏🥰🙏💞
💞Best regards💞
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
Throughout Mr. Perkins's engagement as legal counsel, from initial contact to case resolution, the firm consistently demonstrated professionalism, responsiveness, and efficiency. His instructional materials were easily comprehensible, and both he and his staff provided clear and concise explanations at every stage. His representation was highly effective. I wholeheartedly recommend his services; he is both diligent and fair.Carol
My experience with this firm was great. My VA claim was handled in a professional way resulting in a very positive result. They handled all of the paperwork and kept me informed of anything that I needed to do or know about. I highly recommend Perkin Studdard to handle your VA claim. Msgt USMC retiredFrank Desselle
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.
