Many Veterans assume that if they don’t qualify for a 100% Schedular rating, then they don’t qualify for TDIU, but that simply isn’t true. Getting TDIU benefits is based solely on one criteria–your inability to keep a job due to a service-related injury or condition.
TDIU versus a 100% Schedular Rating
Schedular ratings are a system based on your medical condition or disability that is used by the VA to determine your level of compensation. Using increments of 10, the rating starts at 0% and goes all the way up to 100%. The more severe your condition, the higher the percentage, and the more your compensation.
TDIU stands for Total Disability Individual Unemployability. It is a rating for veterans who cannot work due to their service-related disability. Veterans receiving TDIU benefits receive compensation at the same rate as those who are considered 100% disabled.
In this way, the VA recognizes that some conditions can be totally disabling, even when they are not rating 100%. This allows veterans who struggle financially due to their disabilities, but who do not have a 100% schedular rating, to still have a chance to get compensated at the 100% rate.
How Do I Qualify For a Total Disability Individual Unemployability Rating?
To qualify for TDIU Benefits, you must meet the following criteria:
- You are a veteran with a service-connected disability rated at 60% or you are a veteran with a service-connected disability rated at 40%, and two or more other disabilities that bring your combined rating to 70%.
- Your service-connected disability prevents you from getting or keeping a job that pays above the poverty level. It is important to note that this means TDIU recipients may still work. You will only be disqualified if you can obtain or maintain a job that pays above the poverty level.
- Not dishonorably discharged from the military.
If you meet these criteria, you can then apply for disability compensation and TDIU benefits through the VA. You will have to provide medical documentation and evidence of your disability and employment abilities.
You can learn more about TDIU by clicking on VA Eligibility and Unemployability.
I’ve Applied and Been Denied TDIU Benefits. Now what do I do?
If you receive a claim denial, there are ways to fight back and win the benefits you deserve. It is important to remember that receiving a VA TDIU benefits denial does not mean that all is lost. On the contrary, you still have options.
If you have already received a denial, you have one year to file for an appeal and there is no limit to the number of times a veteran can apply for TDIU.
With the help from an experienced VA benefits law firm, such as Tucker Disability Law, you may be able to overturn the denial. It is important to seek help before this year is up so that you have a better shot at getting TDIU benefits sooner rather than later. We have over 30+ years fighting the VA and 98% win rate.
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