Many veterans have difficulty keeping a job because of service-connected disabilities. Pain from physical conditions can make it difficult to focus and concentrate. Medications can cause side effects which do the same thing. Mental conditions like PTSD can make it difficult to work with others in a job setting.
Sometimes, a combination of several different service-connected conditions makes it difficult to work. Other times, one service-connected condition alone is severe enough to make you unemployable.
Certain VA ratings for certain service-connected conditions often cause unemployability because of the symptoms VA requires to qualify for these ratings. This article will discuss some of the VA ratings between 50 and 70 percent that could make you eligible for a 100 percent rating for TDIU if you apply.
A 70 percent rating for a mental health condition like PTSD
To qualify for a 70 percent PTSD rating, a veteran must demonstrate symptoms that make it very difficult to work. Some of these symptoms include:
Problems with impulse control
Deficiencies in work, judgment, thinking, and mood
Depression or panic that affects the ability to think and function independently
Difficulty in adapting to stressful circumstances in a work setting
Many of the VA ratings I focus on in this article come close to including the inability to keep a job in VA’s definition of the rating criteria. This is the case with VA’s standard for granting a 50 percent rating for migraine headaches.
VA defines the 50 percent rating level as “with very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.” The last five words of the definition almost point directly to the basic idea of TDIU. To receive a 50 percent rating, your migraine attacks must produce severe economic inadaptability.
One reason that the severity and frequency of your headaches could produce severe economic inadaptability is that you cannot cope with a normal work schedule. If you have frequent severe migraine headaches, you will have difficulty keeping up at work. Your employer may not keep your position open for you.
If you have a 50% VA migraine headache rating, you should consider whether you would qualify for TDIU benefits. After all, your headaches must cause severe economic inadaptability to even qualify for this rating.
A 60 percent rating for a heart condition
One of the ways that VA rates heart conditions is through the measurement of ejection fraction in left ventricular dysfunction. Veterans with an ejection fraction under 30% should qualify for a 100% VA rating. But, many veterans have an ejection fraction that is low but does not quite reach the 30 percent level.
Veterans can also qualify for a 60 percent rating through VA’s symptom based MET method. Veterans who pass out of experience chest pain, dizziness, or fatigue as a result of walking relatively slowly or other light exercise could qualify for a 60 percent rating.
Symptoms from limited activity like this could make it very difficult to work. While not all jobs require physical exertion, many do.
Because of the standards required to get a 60 percent heart rating, veterans with a 60 percent heart rating should strongly consider TDIU if they cannot keep a job. A veteran without the education and skills to perform a less physical job may have particular difficult maintaining employment as a result of a 60 percent heart rating.
Why do I want to qualify for a TDIU rating?
TDIU can provide a big benefit to veterans who cannot work. Instead of receiving just partial VA benefits, veterans qualifying for TDIU receive full VA benefits at the 100 percent rating level.
Without using TDIU, VA math can make it very difficult to get to a 100 percent rating level.
Can I qualify for a TDIU rating even if I do not have one of the ratings discussed in this article?
Yes. This article only focuses on a few of VA’s ratings. If your service-connected disabilities cause you to be unable to maintain employment, you should consider applying for TDIU. This may occur because of one particular service-connected disability or a combination of two or more.
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.
Travis, Jessica and the team were amazing. I’ve been working for the benefits I’ve deserved for years and should have worked with Perkins Studdard initially. They were always great answering questions and helped me more than I ever could have imagined. I highly recommended them as a VA disability law team to help anyone. I’d give more stars if I could.Theodore Tarbush
I highly recommend Travis and his team. From start to finish, the communication and professionalism were outstanding. Jessica was absolutely amazing — responsive, knowledgeable, patient, and always willing to help answer questions and keep me informed throughout the process.
Travis was also excellent and made me feel confident that I was in good hands. Their entire office treated me with respect and care, and I truly appreciate everything they did for me. If you’re looking for an attorney and legal team that genuinely cares about their clients, I would definitely recommend them.Carlos Thornton
Travis Studdard and his team were always professional and from intake to case resolution, they were extremely pleasant to work with. After working closely with them for roughly six years, they successfully appealed my sleep apnea claim with the VA. At times I thought about giving up, but it was their diligence and confidence in their approach that gave me the ability sustain. There were no surprises, they led me by hand every step of the way. My family and I are truly appreciative for their great work. His team truly cares and it shows. They will fight to the end for veterans. I couldn't be happier with the results.James
I had the pleasure to be helped by Travis and his team on my VA disability claim. They know what they are doing, and I would definitely work with them again. I recommend them to any veteran that has a wrongfully denied claim with the VA...Joel Onomo
Travis and his team helped me get my case done when I couldn't get it done by myself.Everything went much faster and better than I expected.I highly recommend his team for any veteran trying to get a claim processed. Norman Scott,U.S.Army veteranNorman Scott
Jason Perkins and his team are so kind, knowledgable and helpful. They were thorough with all my legal needs and made sure my medical needs were taken care of financially. What I most appreciate is that he was always very clear about what was best for my case, but he also always told me I needed to do what was best for me, both mentally and physically. He was always available to answer questions, made sure I understood, and was willing to let me make decisions regarding my case. His ethics are beyond reproach. He would not take a percentage of a payment he did not help me receive. You can trust him. He always made it clear that my mental and physical well-being were more important than any part of my case. Then he would explain what would be best for the case and why, and allow me time to decide. Being in the Worker's Compensation system was an incredibly demeaning experience. I am a strong, educated woman, but when everyone in a system tells you that you are not worthy of the care you have received your entire life, and you instantly become less than to many of those who are suppose to be caring for you, it would weigh on anyone. I am so thankful I had Jason and his team fighting for me, getting me things I never would have imagined would be denied, like a second opinion before surgery, or physical therapy instead of opioids. I cannot imagine trying to handle this experience by myself.Andri Pilgrim
Would definitely recommend 10/10! The team was super helpful through the entire process, and always were available for questions anytime I needed. Always quick to respond, and we’re always sweet and professional!Haley Nicole
Perkins Studdard LLC has been wonderful to work with from the first day through the final journey. They were prompt in requesting the information from me so they could appeal my claim with the VA. I had exhausted all means trying but they were able to get me to 100%. I would "HIGHLY" recommend using them if you are having difficulty getting anywhere with the VA.Mike Black
When i found this law firm I was going through a hard time not just with the VA but mentally as well. And after i hard denial i reached out to Travis and let me just say that was the best decision of my life. From the first call i knew i had made the right decision they are nothing short of amazing. Shoutout to Jessica and Chandler they both helped ease my stress and make the process so smooth it felt really good to be heard. My only mistake was not reaching out to them sooner. Thank you all so very muchRilesia Singleton
Perkins Studdard LLC has done for me what VSO, the DAV, and I could not do on my own. For 10 years after my last rating the VA was bound and determined to keep me at my current percentage. My body was tired physically and mentally. I needed help that the civilian world was not going to let me stop work for. I contacted Perkins Studdard and worked with Jessica and Travis. To tell you what I ever hoped for was greatly exceeded. I am able to now properly heal since 2007 when I was medically discharged. I promise when we feel like we are forgotten you have people like Travis and Jessica that work hard for you to make sure you are not. Their policy on pay is exceptional and even when I got aggravated they understood how to keep me calm and helped my patience. I think the VA does not like to see them coming. I got the holy grail, home run, I can breath decision I needed. Let them help you!Lisa Jordan
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.
