Many veterans have a service-connected disability that makes it difficult for them to work. Sometimes, veterans find it difficult to work as a combination of disabilities. When does that difficulty to work rise to the level of unemployability?
You will find it difficult to succeed in a total disability individual unemployability (TDIU) claim if you do not understand VA’s concept of “unemployability”. In this article, I will try to tell you more about unemployability and how understanding it can improve your chances of getting a 100% rating.
What does it mean to be unemployable according to VA rules?
38 CFR 4.16 is the section in the federal regulations that define unemployability. VA considers a veteran to be unemployable if they are unable to obtain or maintain substantial gainful employment.
So, the definition of unemployability leads you to two other concepts that you need to understand:
Substantial gainful employment
Inability to obtain or maintain
What does substantial gainful employment mean?
If you have familiarity with Social Security disability, you may have any understanding of substantial gainful employment. Basically, the idea is regular work that could pay your bills.
Legally, the concept of substantial gainful employment breaks down into two parts.
You will need to show that you cannot do your prior occupation or your prior work.
Even if you meet this first standard, you also have to prove that you are unable to perform other occupations as they normally would be performed in the national economy.
This is really a basic explanation of these two concepts. I will discuss both the inability to do prior work and the inability to perform other occupations in the national economy in more detail in future articles. Just be sure and understand that you have to show both things to qualify for TDIU.
What does inability to obtain or maintain substantial gainful employment mean?
Once you understand substantial gainful employment, you need to understand that you have to show the inability to obtain or maintain it to show you are unemployable. Once again, this is two separate things.
Obtaining employment means what it sounds like. Do your service-connected disabilities prevent you from getting substantial gainful employment? If you can prove this, you should meet VA’s definition of unemployable.
Of course, we know that getting a job does not mean you can keep a job. That fact goes to the “maintain” part of the definition.
Suppose you have a great interview and get a job, but your service-connected disabilities are going to require you to be out of work multiple days a month. Or, maybe you can only work a few hours a day and your concentration is very poor while you are at work.
Your work product probably would not be good. Most employers do not want employees out of work several days a month. In these situations, the likelihood of you keeping a job is pretty low.
If I can prove I am unemployable, do I qualify for TDIU benefits?
Proving that you are unemployable is a large part of what you need to do. But, you should also consider that your unemployability needs to be a result of your service-connected disability or disabilities.
Also, VA does not automatically grant you TDIU. You will have to apply for TDIU. You also have to prove you qualify.
The benefits of getting a 100% rating through TDIU are substantial. At the same time, many veterans find TDIU even more difficult than other VA claims because of the numerous different legal concepts involved.
If you have questions about your TDIU application, please feel free to reach out to us. Our firm provides free consultations to veterans regarding their veterans disability benefit claims. You can set one up by calling us at (770) 214-8885 or completing and submitting the form on this page.
If you would like to find out a little bit more about how the free consultation process works, this short article I wrote explains it. I hope you find it helpful.
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.
My experience with the team at Perkins Studdard LLC was nothing short of outstanding.Jason Perkins handled my case with the upmost professionalism. It has been emotionally and physically exhausting for me, but Jason Perkins and his team helped me thru it. Their service was exceptional and the Paralegal Staff was always courteous and prompt in their response time which made it more bearable.I am truly grateful for their patient and caring spirit and I highly recommend Perkins Studdard LLC .........Thanks so much, CherylCheryl Brown
We would highly recommend Perkins Studdard to everyone, they are very professional, personable and efficient. They have stood by our side during out VA disability case until we got our claim rewarded at 100%, more than we ever dreamed of. Travis is very experienced attorney and has an awesome demeanor with getting your case settled. Jessica his assistant is the smartest, sweetest asset to the firm. She's highly experienced in VA benefits, being a veteran herself. They always took our calls, questions and got us the answers we needed. Again, highly recommend the law firm of Perkins Studdard!!Janene Schoonover
Mr Perkins has helped me on two workers comp cases. Twenty years apart. Jason and his staff have taken care of everything I needed. They are very professional and I would highly recommend them.Chris Chapman
I highly recommend Perkins Studdard law office to any one looking for a Worker's Compensation attorney. The knowledge and professionalism that the entire staff gives to you is amazing. Jason is down to earth and makes your experience feel so much better, he takes alot of the worry off of your shoulders. Definitely would hire this firm again if needed!!Lori Clark
I had an outstanding experience with Perkins Studdard LLC for my workers’ compensation case. Jason Perkins and his team were incredibly knowledgeable, responsive, and compassionate throughout the entire process. They took the time to explain every step, answered all my questions promptly, and ensured I understood my rights. Their dedication led to a successful outcome, and I felt supported the entire way through. I highly recommend Perkins Studdard LLC to anyone in need of a skilled and caring workers’ compensation attorney.Breezie I B
Travis Studdard is an outstanding attorney. I had given up on my VA claim over ten years go. Travis revived my claim and was able to get me secondary service connection for sleep apnea (secondary to residuals of septoplasty). I am thrilled at the results. Travis was able to expertly navigate the VA system to reach a positive result. I very, very highly recommend Perkins Studdard.Ilya Poluektov
My name is Vernita Smith, I endured a I jury on my job in 2019, I got a little discourage not knowing what to do regarding this matter. One day I researched online for myself. I researched Workman's Comp Lawyers in Atlanta, there were several pulled up, but for some reason I chose Perkins StuddardLLC. I can truly say Mr. Jason and his entire staff has been there and guided me every step of the way. It was a blessing 🙏 for me to have found 🙏 this Company. Mr.Jason and his staff members was always caring, kind, helpful, pleasant everytime I spoke with them. I would highly recommend this company to my family ❤️ and anyone who needs ❤️ assistance. So I thank you so much to Mr. Jason and his entire staff. May God continue 🙏 to bless you 🙏 to be able to serve 🙏 many people all over the world.🙏 💞🙏🥰🙏💞
💞Best regards💞
Vernita SmithVernita Smith
My deepest thanks to Travis Studdard, Jessica Hyatt and their team at Perkins Studdard! My odyssey with the VA began after my Marine Corps career ended and has gone on well over a decade. I initially worked on my claim myself but after 6 years, yes 6 years, of fighting with the VA, I was finally at the end of what I thought was a hopeless battle. Then I came across Perkins Studdard LLC while on Facebook and decided, what did I have to lose, so I gave them a call and had a conversation with Travis. He was very helpful, honest, and frank in his advise to me and thankfully he decided to take my case. He took a completely different strategy than the one I had been employing and with his expertise, once my case and multiple appeals had finally been settled, I received everything he promised and everything I deserved. The only thing I would have changed...I would have hired Perkins Studdard when I first intended to file a claim with the VA, rather than try to do it myself.
Thank you and Semper Fi
Rich LarsenRichard Larsen
Throughout Mr. Perkins's engagement as legal counsel, from initial contact to case resolution, the firm consistently demonstrated professionalism, responsiveness, and efficiency. His instructional materials were easily comprehensible, and both he and his staff provided clear and concise explanations at every stage. His representation was highly effective. I wholeheartedly recommend his services; he is both diligent and fair.Carol
My experience with this firm was great. My VA claim was handled in a professional way resulting in a very positive result. They handled all of the paperwork and kept me informed of anything that I needed to do or know about. I highly recommend Perkin Studdard to handle your VA claim. Msgt USMC retiredFrank Desselle
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.
