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 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.
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I would definitely recommend them.Martha Brooks
What can I say about Travis and Jessica besides thank you from the bottom of my heart. You two worked hard for me. I had no clue when it came to the VA and was about ready to just give up, but with your help and support we made it to the finish line. Yes, it took a couple of years, but it was worth it in the end. If anyone is looking for help with working with the VA these are the people that can do it for you. The VA tried to pull a fast one on me, but Travis was faster and called them on it and they backed down. Thank you both again for everything you did for me and thank you for what you do for all veterans everywhere.Tony Butts
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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.
