Nexus in VA Unemployability Claims

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.

You may have seen some of our other articles concerning the issue of nexus, whether in general or with respect to a particular type of VA disability claim.   I’m here to tell you that nexus is just as important when you file for VA unemployability benefits.

Man with injured back walking with cane What is nexus?

Nexus is really just a link or connection between your current disability and your military service.   If you want to service connect PTSD, you must show a relationship between an in service stressor and a current PTSD diagnosis.  If you have degenerative disc disease in your lumbar spine, you must show a link between an event or injury in service and the current disability.

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.

This may require you to hire a vocational expert to show that your injuries prevent you from working.  You also have to worry that VA may try to claim that your unemployability is due to non-service connected disabilities.

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.

Couldn’t be happier with the service they provided me. After so much time spent working with the VA to grant me disability for my service connected disabilities I was denied. Exhausted with the process and ready to give up a friend recommended this firm to assist me with an appeal. They handled all of it, keeping me updated regularly on progress, and eventually getting me the disability rating that was due. This was the happiest I’ve been to pay an invoice for services received.Kendall Lucy
100 % recomendable, in my humble opinion they are the best. I am very grateful with their assistance in filling my claim with the VA and winning They have done an outstanding job. They are professional ThanksFrancisco Javier Pérez A
They assessed my case as being potentially tdiu qualified and got to work right away. I only provided the information they asked me for and let them do their work. I didn’t hound them, I didn’t pester them, I just let them do their work and provided what they asked for and trusted the process. Within a few months or so I was awarded a tdiu rating. In my case I’m a combat vet of oef, but the Va had denied me twice for a benefit that I know I qualified for. The Perkins-studdard firm got the the benefit I deserved and I am eternally grateful for their expertise and hard work.M C
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I saw Travis on some YouTube videos. It was the way he worded things, I just felt compelled to contact them about my situation, he seemed trustworthy. Travis told me he thought he could help me. I was hesitant, but proceeded. The claim process was long, but my claim was granted. They are organized and punctual. Jessica and Travis are a strong team. I feel the Lord led me to Perkins & Studdard. I consider Travis an advocate and friend. ThanksCorby Reese
It has been a pleasure working with Jason and firm, very knowledgeable and professional, He did awesome job to get settlement that I need for my workmen comp case which was fair in my case, cause the insurance company was trying low ball me and not give me nothing but Jason fix that ….I truly recommend Perkins&studdard any workmen comp case that you have and also want thank Tina also for helping me along this process Thank you Perkins&studdardjahbari swint
Thank you Jason and Tina for everything you've done. Much appreciated. Great law firm! Great results!! Thank you!!! (Austin and Valerie)Valerie Mellinger
Travis and the team working on my VA claim are awesome. I’m happy with their integrity and diligence on working on my claim.Chris “Greybeard” Mullennix
I can't express enough how great it was to work with Perkins Studdard. They are extremely knowledgeable, professional and keep you aware of everything happening with your case. Very friendly from the front office to Mr. Perkins. I would HIGHLY recommend Perkins Studdard!James Strickland
I recommend Travis for an Veteran that has been dealing with constant denial with claims. He also , cover cost for my nexus letter when I ran into financial troubles , that helped me win my case.edwin Cook

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