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 Willaim Shakespeare’s Henry IV, Part I seems to discuss prominent PTSD symptoms.
For U.S. military Veterans, the first wave of widespread PTSD cases probably dates back to the Civil War. Back then, when soldiers suffered from symptoms like sleeplessness and depression, doctors claimed they had “nostalgia,” which was considered to be an extreme form of homesickness. Doctors believed that vigorous offensive campaigns cured nostalgia. Unbeknownst to them, such activity caused the symptoms in the first place and exacerbated them after the fact.
To remove some of the stigma associated with PTSD, the Canadian Armed Forces recently renamed this condition. Veterans who suffer from OSI (Operational Stress Injury) may be entitled to the Sacrifice Medal, which is the equivalent of a Purple Heart.
PTSD often interferes with daily activities, but not to the extent of total disability. Instead, most of these patients have good days and bad days. If your PTSD causes substantially more bad days than good days, you may be eligible for Total Disability due to Individual Unemployability (TDIU) benefits.
Qualifying for Benefits
In addition to depression and sleeplessness, many Veterans suffering from PTSD also encounter heightened awareness, flashbacks, mood swings, and inexplicable fits of rage. That is because PTSD is not a “processing disorder.” Instead, exposure to combat stress enlarges the amygdala. This part of the brain controls emotional responses.
Therefore, PTSD is a physical injury, just like a broken arm. But while broken arms eventually heal, brain injuries are permanent. Onces these brain cells die, they never regenerate.
Qualifying for TDIU benefits due to PTSD is just like qualifying for any other Individual Unemployability benefit. Veterans must have one of the following:
- At least one service-connected disability rated at least at 60%, or Multiple service-connected disabilities, that have a total combined VA rating of 70%, with at least one disability rated at 40% or more.
Of course, PTSD must be service-connected. Additionally, your PTSD symptoms must be what is preventing you from maintaining substantial gainful employment. A service-related disability must be the impairment’s main cause. Veterans must not be able to work beyond marginal employment.
Individual Unemployability
“Marginal employment” is part-time or low-earning employment which does not generate income above the poverty line. School crossing guards and Walmart greeters are marginal employees.
In some cases, Veterans may be employed full-time and still qualify for TDIU benefits. Many people work in sheltered environments, like a Veteran-owned or a family business. In these situations, they can leave early or come in late on a bad day, but outside of these sheltered environments, they are unable to work.
Obtaining Benefits
Veterans have the burden of proof in TDIU cases. So, they must present evidence of both disability and unemployability. Disability evidence often comes from the VA’s compensation and pension examinations. Unemployability evidence often comes from a vocational expert’s report or other employment related documentation..
These items usually meet the minimum evidentiary requirements. But to obtain maximum benefits, additional documents or evidence may be required.
Oftentimes, lay testimony makes a difference. The aforementioned evidence is helpful, but rather clinical. A friend or family member makes it personal and real. For example, a spouse could testify about the real effects sleeplessness has on the Veteran’s work life.
Reach Out to Dedicated Attorneys
PTSD is a real illness which could mean maximum disability benefits, even if the Veteran’s rating is under 100%. For a free consultation with an experienced Veterans disability lawyer, contact Cameron Firm, PC at 800-861-7262 or fill out the contact box to your right. We are here to represent Veterans nationwide.
This article is for educational and marketing purposes only. It does not create an attorney-client relationship.
