Does a Protected Work Environment Affect TDIU VA Disability Benefits? Many veterans ask how does a protected work environment affect TDIU VA disability benefits? In the Veterans Administration benefit context, applicants can be working and still be unemployable, according to the Code of Federal Regulations. Many disabled Veterans only work a few hours a week […]
Individual Unemployability (IU/TDIU) with Marginal Employment Can You Qualify for Individual Unemployability (IU/TDIU) with Marginal Employment? According to the Bureau of Labor Statistics, about 20% of all Veterans have a recognized disability. Many of these cases are partial disability matters. As such, many Veterans believe they are only entitled to partial benefits. With regards to […]
How Does the Sedentary Employment Doctrine Affect TDIU Cases? This article discusses the affect the Sedentary Employment Doctrine has on TDIU cases. In the minds of many claims examiners “sedentary employment” is synonymous with “light-duty employment.” So, they often use the sedentary employment provision to deny benefits in Total Disability Due To Individual Unemployability (TDIU) […]
TDIU Denied Due To Old Age or Retirement? Can the VA have your claim for TDIU denied due to old age or retirement? The “Disability” in a “Total Disability due to Individual Unemployability” (TDIU) claim must be a service-related disability. According to 38 C.F.R. § 4.19, the claims examiner may not consider age in TDIU […]
Top 10 Reasons Lawyers Should Help With Individual Unemployability Denials Appealing Individual Unemployability Denials can be very complicated. We will outline the top 10 benefits you get by consulting an attorney for help. If you have at least one service-connected disability rated at least at 60%, OR, you have multiple service-connected disabilities, that have a […]
Let’s break this down so you are clear on what does unemployable mean to the VA. As the name implies, Total Disability due to Individual Unemployability (TDIU) has two basic prongs. Veterans must establish both prongs in order to obtain TDIU benefits. “Total Disability” is not synonymous with bedridden. This phrase means that the Veteran […]
TDIU Benefits for Veterans Who Cannot Work Due to PTSD Learn how TDIU benefits for veterans can help those who cannot work due to PTSD. Post Traumatic Stress Disorder is one of the oldest and most misunderstood battlefield wounds in the history of warfare. Sporadic cases go back to the Middle Ages. A soliloquy in […]
What Should I Do If I Was Denied Individual Unemployability Benefits? What to do if you are denied Individual Unemployability benefits. In a very brief nutshell, if at first, you don’t succeed, try, try again. Oftentimes, especially on an initial application, the VA claims examiner will deny total disability individual unemployability (TDIU) claims. Claims examiners […]
Three Helpful Categories of Evidence to Win TDIU Claims If your application for VA disability benefits was denied, you still have legal options. You can still win TDIU claims. Generally, disability benefits are available if the Veteran meets a certain set of medical and other criteria. However, as the name implies, Total Disability Due to […]
TDIU Eligibility Based on Marginal Employment and Protected/Sheltered Work Environments Are you concerned about your TDIU eligibility? For the most part, every VA disability claimant wants a 100% disability rating, but these ratings are hard to obtain. The claims examiner does not simply add all the claimant’s health issues together and arrive at a figure. […]