If you are a veteran with service-connected disabilities that prevent you from maintaining substantially gainful employment, you may be entitled to Individual Unemployability (IU) benefits, which provide compensation at the 100% disability rate, even if your combined disability rating is less than 100%.
As of December 2018, the monthly compensation rate for a 100% disability rating is $3,621.95.
It’s important to note that IU benefits are not necessarily permanent. You may need to reapply or submit updated information and employment certifications periodically. If your medical or employment status changes significantly, the VA may reassess your eligibility for IU benefits.
Applying for IU can be more complex than applying for other VA benefits. The application requires detailed information, including your employment and wage history, potentially going back several years.
Here’s a breakdown of the key requirements for IU:
- Service-connected disability: You must have at least one service-connected disability recognized by the VA.
- Substantial gainful employment: You must be unable to maintain substantially gainful employment due to your service-connected disabilities. The VA has specific criteria for determining what constitutes substantially gainful employment.
- Medical evidence: You’ll need to provide medical evidence documenting your disabilities and how they impact your ability to work.
How to Complete the TDIU Application
You can submit TDIU applications online or visit a regional VA office, where a VA employee may be able to offer assistance.
Unfortunately, claims examiners often deny TDIU applications, especially the initial application. The VA frequently cites a lack of substantiating evidence as the reason for denial.
That’s where a VA benefits appeal attorney can be crucial. During the appeals process, your attorney can help you gather evidence and develop legal arguments to support your claim.
If necessary, your attorney can appeal TDIU denials to the Board of Veterans’ Appeals (BVA).
Tips for Submitting a TDIU Application:
- Gather comprehensive evidence: This includes medical records, employment history, and any other documentation that supports your claim.
- Clearly explain how your disabilities prevent you from working: Be specific about the limitations your disabilities impose and how they affect your ability to maintain substantially gainful employment.
- Seek assistance from a Veterans Service Officer (VSO) or an accredited attorney: They can provide valuable guidance and support throughout the application and appeals process.
Remember: Even if your initial application is denied, don’t give up. Many veterans are successful in obtaining TDIU benefits after appealing the initial decision.
Understanding Total Disability Individual Unemployability (TDIU) Benefits
TDIU benefits offer veterans with service-connected disabilities a 100% disability rating, even if their combined disability rating is less than 100%. This allows veterans who cannot maintain substantially gainful employment due to their disabilities to receive the maximum compensation benefits.
What does “total disability” mean?
In the context of TDIU, “total disability” doesn’t necessarily mean complete incapacitation. It recognizes that disabilities affect individuals differently and that even those who can function at a high level may be unable to sustain that level for the duration of a typical workday.
For example, a veteran with a brain injury may be able to perform tasks effectively for short periods but experience fatigue or cognitive difficulties that prevent them from holding down a regular job. Similarly, a veteran with a physical disability may be limited in their ability to perform certain types of work.
Service Connection
To be eligible for TDIU, your disability must be connected to your military service. This connection can be direct, such as an injury sustained in combat, or indirect, such as a condition that developed or worsened due to service-related exposures or experiences.
Age is Not a Factor
Even veterans who retired many years ago may be eligible for TDIU benefits if their service-connected condition prevents them from maintaining substantially gainful employment.
What is “Individual Unemployability”?
“Individual unemployability” refers to a veteran’s inability to secure or maintain substantially gainful employment due to their service-connected disabilities. This doesn’t necessarily mean the veteran is completely unable to work.
A veteran working part-time, in a sheltered environment, or in a low-paying job may still be considered unemployable for TDIU purposes if their earnings fall below a certain threshold or if their employment situation is not sustainable due to their disabilities.
TDIU Threshold Requirements
To qualify for TDIU, you generally need to meet one of the following criteria:
- One disability rated at 60% or higher: You have at least one service-connected disability with a VA rating of 60% or more.
- Combined disability rating of 70% or higher: You have multiple service-connected disabilities with a combined VA rating of 70% or more, with at least one disability rated at 40% or higher.
In certain circumstances, you may still qualify for TDIU even if you don’t meet these specific rating requirements.
Our Veteran Disability Lawyers Can Help
Disabled, unemployable veterans may be entitled to substantial monthly benefits. Contact Cameron Firm, PC, at 800-861-7262 or fill out the contact box to your right. We’re here to represent veterans nationwide.
This article is for educational and marketing purposes only. It does not create an attorney-client relationship.