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.
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.
I would recommend them to everyone I know!!Jesse
I had a wonderful experience with them.
And they selected my case .
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
Marlis Espinosa
If you are looking for someone to help you through the VA benefits appeal process, stop the search and give Perkins Studdard LLC a call. They are EXCELLENT! I had been denied VA benefits and needed to file an appeal, but the process is so complicated I didn’t feel confident trying to do it myself. I found Perkins Studdard LLC while searching online, gave them a call and have not been disappointed. It has been great working with Travis, Jessica, and the rest of the team. They are always proactive in all the steps, quickly answer all my questions, and provide updates along the way. They are always highly professional, yet down to earth and easy to talk to. I cannot say enough good things about them. There is no way I would have received the benefit I was awarded without their help.William Slaughter
Jason, can’t thank you enough for continued support during my workers comp case and follow-up even after winning my case. So thankful to your wonderful staff including Alison and Lisa for amazing communication and keeping me up to speed on the case. Jason Perkins at Perkins Studard LLC is absolutely the kind of lawyers needed when fighting for your medical support through Workerscomp.Rich Kid Uzi
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.