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 could not have asked for a better lawyer to represent my worker comp. case. Any questions I had during the process was always answered in a timely manner. Mr. Perkins really cared about insuring that I wasn't being taken advantage of during this process and helped us reach a settlement that I feel comfortable with. I would recommend this firm to my parents or children.syndel Laber
I'm so thankful and grateful for all the hard work Jason, Tina and Liz did for me. They went above and beyond to get the best outcome for me. They took the to explain everything that was going on with my case again I'm so thankful grateful and happy with the outcome of my workers comp case.Adrian Adams
First off, I must say thank you again to the office of Perkins Studdard. I appreciate all the hard work and dedication your office has shown to achieve a successful and happy outcome. You have forever changed my family’s life!
Also, I wanted to give a special shoutout to Jessica Hyatt for her excellent attitude, advice, and overall professionalism throughout every step of this process.
This journey has finally been complete after more than a decade of being denied and almost giving up. However, two of my old coworkers advised me that the office of Perkins Studdard had also successfully helped them achieve their proper rating too.
Needless to say, this has been one of my best decisions in life. I can now sleep a little better and stress free knowing I finally got what I deserved all along.
Once again, thank you for everything! And shoutout to Travis Studdard, “we did it.”
Respectfully,
Jonathon FloresJonathon Flores
My family and I are so grateful for Jason Perkins and his team. Jason explains thing's to detail and walks you through every step of your case. I would highly recommend Perkins Studdard for your legal needs. Thank you so much Jason and Tina!Chapin & Lea Anne Warner
The best I know for workers comp attorney'sDenise Williams
Jason really has helped me so much through this hard experience I have went through! And the ladies in the office was wonderful with any and everything I had questions about! I highly recommend using this lawyer office to everyone and Jason Perkins for sure!! Thank y'all for everything and making it easier to get through this long though experience!
James HammittJames Hammitt
Thank you so much ! I received excellent representation from the entire Perkins Studdard Law firm, my VA claim was resolved and granted in a timely manner, they were hands on with me during the entire process. I would definitely recommend the firm to any veteran deciding to file a VA claim.Darrell Lynn
I would like to thank the law firm of Perkins-Studdard (Travis) and his team, for performing such an outstanding job, at every possible level, during my recent situation with the VA Disability Claims . From the first time I called and spoke with Mr Studdard with an overview of my situation, until the final settlement was executed (successfully I may add), I always felt that I was in good hands with this firm. Everyone in the office, Jessica, and April were responsive, approachable, knowledgeable, good listeners, and extremely professional. Mr. Studdard was realistic of the circumstances and of the potential difficult process that would lay ahead, should I proceed. I can’t say enough about Travis, and I will always be thankful to him. Travis was committed, and he instilled a real sense of confidence during both the highs and the lows. He ultimately prevailed and the outcome was very much in my favor. Of course, each case is different on its own merits and one can never predict how things ultimately will turn out. All I know is that the settlement far exceeded my expectation. Mr. Studdard has been a blessing to me.
I strongly recommend that anyone who would find themselves in a similar legal situation with the VA to contact Law Offices of Perkins Studdard for a consultation. It was a very positive experience given the circumstances. Thank you again, I shall forever be in your debt.Concetta Hogg
Mr. Perkins, I cannot express enough how thankful I am for your exceptional representation. Your hard work, expertise, and unwavering commitment to my case have left an indelible mark. Thanks to you, I can now move forward with my life, confident that justice has been served.Esli Roque
Travis and his team have been a blessing for me and my family. They have done an amazing job in helping me navigate the VA appeals process. They kept their eye on the ball all the way through the long, difficult and confusing process. I highly recommend Travis and his team because thanks to their professionalism and know how, I got the benefits I deserve.Daniel patriot
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.
