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.
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!
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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
Travis has been a blessing to our family, he left no stone unturned and delivered the "W" for my VA claim. Every bit of my experience with the Perkins Studdard team was respectful and they demonstrated their appreciation for our service as veterans. I highly recommend this Law Firm and truly appreciate their willingness to stand on my behalf.M L
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.
