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.
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
The care, knowledge and professionalism shown by Jason and Tina of Perkins Studdard were beyond reproach. I was informed and updated through every phase of the process and the overall outcome was to my advantage. I highly recommend that if you ever have the need for a workman's comp or VA compensation attorney, Perkins Studdard are the ones that you need to call hands down. True concerned knowledgeable professionals.S Oz
Extremely happy, after many years of uncertainty.
Very thankful for all their support helping me get what I deserve! From the VADibujando con FJ
I cant thank the office of Perkins Studdard enough for helping me get through what I thought would be a stressful situation. Let me just say if you have any questions or doubt about what to do or if you need an attorney please give Perkins Studdard a phone call. They were able to set my mind at ease from the beginning and took a weight off my shoulders when I knew what my options were. They've assisted me every step of the way and have touched base with me through the entire process. I really can't think them enough for helping me get through a major bump in the road and I'm truly thankful for the work Mr. Perkins and everyone at Perkins Studdard put in for me. I'm urging you to give them a call if you find yourself in a similar situation. It's great to know you're in the hands of people that truly care about what's best for you and lay out and explain all of your different options with careful detail.Matt Chastain
I had an excellent experience working with Jason Perkins at Perkins & Studdard on my workers’ compensation case. Jason was professional, patient, and truly cared about helping me. He made sure I understood every step of the process and worked hard to get me a great settlement. I’m very thankful for everything he did for me. If you need a workers’ comp lawyer, I highly recommend Jason Perkins and the team at Perkins & Studdard — they really go above and beyond for their clients!Cosmic Energy
Amazing work by an amazing firm. Mr. Studdard has personally explained to me what is going on with my claim and how he will move forward on getting things done. He has always been available to speak. Jessica Hyatt is also a pleasure to work by keeping me up to date on the claim and also letting me know what is needed from me. This firm is professional, effective and definitely client friendly.Richard Moreno
I highly recommend this law firm it’s truly been a blessing to me and my family . The attorneys treated me very well very respectful they listen to me. They understood how important this was to our family. They answer all our questions they return calls to us. They explained everything in detail to us.I know that it was because of the law firm that we received a quick decision from the VA which our claim was granted.Tanya Henderson,Hawkins,Wilson
I highly recommend Jason and his staff. His professionalism and experience proved to be very valuable in helping my case. He is very knowledgeable in his field of work.Eric Bowles
Travis has an amazing team, when I hit a brick wall with my case, he immidiatly gets on board to get to the finish line. 80% to TDIU in about 3 months.
Additionally, working with Jessica has been an absolute pleasure, she is a strong part of their entire team.
I would recommend them to everyone I know!!Jesse
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.
