As a veteran, you dedicated your life to the service of our country. Now, you may find your future compromised by a disabling condition or injury. The United States Department of Veteran Affairs (VA) offers Total Disability Individual Unemployability (TDIU) benefits to veterans who cannot work due to service-related disabilities.
If you were denied your disability benefits by the VA, Tucker Disability Law can help you understand your options. Our attorneys can help you appeal your claim for a (TDIU) rating. But what is the VA TDIU approval rate, and what are your options to appeal if you get denied?
What Is TDIU?
The VA will determine your disability rating. Your rating will determine the amount of compensation you receive. Unfortunately, they may not designate your disability as a permanent condition or the VA may attempt to reduce your rating later on. In addition, under the traditional schedular rating model, it is often difficult to obtain a 100% rating. This is because the VA combines disability ratings.
To get around this, some veterans can qualify for a TDIU. This is a rating for veterans who cannot work due to their service-connected disability.
If you receive a TDIU rating, you will receive benefits at the maximum amount or a 100% disability rating. To obtain a TDIU, veterans must meet the following criteria:
- One of the following service-connected disabilities
- A 60% or greater disability
- Two or more disabilities, with one rated at least at 40% and the combined disability rating 70% or greater.
- Unable to hold down a steady job due to service-connected disability
- Not dishonorably discharged
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.
The VA TDIU Approval Rate and Appealing a Denied Claim
Many veterans applying for TDIU want to understand how hard it is to get a TDIU claim approved by the VA. As each TDIU case is different, we recommend speaking with an experienced attorney to discuss the details of your case. A VA TDIU approval rate, if a current rate exists, will tell you very little about your specific situation. If you have concerns or were denied VA disability benefits by the VA, speak to a disability attorney at our firm about your case.
It is not uncommon for the VA to unfairly deny a TDIU claim. As such, even if you received a claim denial, there are ways to fight back and win the benefits you deserve.
- Requiring 100% Unemployability. The VA may mistakenly deny your TDIU claim if you are able to obtain any form of employment. To collect benefits, you only need to be unable to obtain “substantially gainful” employment. This means that you can still earn income and win TDIU claims, as long as that income falls below the poverty threshold.
- Age Considerations. The VA is not supposed to consider age or non-service-connected disabilities. Denying a claim based on age or other disabilities is not allowed. The VA must determine whether the disability alone would prevent you from engaging in gainful employment.
- Does Not Consider Education and Occupation. VA evaluators are not always trained as vocational experts. As such, they may base their employability assessment on medical standards without considering education and occupational history.
When these mistakes occur, a veteran can appeal the denial and challenge the VA examiners. It is important to understand how mistakes occur, so you fight a claim denial instead of simply walking away. For these reasons, it is important to have an experienced attorney on your side who understands how to file these appeals and win the benefits you need.
Do You Have Questions About VA TDIU? Speak to a VA Disability Lawyer at Our Law Firm
At the Tucker Disability Law, we can answer your questions about appealing a VA disability claim denial. We know the complications of appealing VA disability claims. A VA appeal lawyer at our firm can help you collect the disability benefits you deserve. Our lawyers fight aggressively through the appeals and litigation process for all our veterans.
Our veterans deserve more than just thanks – they deserve our help. Contact our team by calling (866) 282-5260 or fill out our confidential contact form. Our law firm can provide legal counsel in all 50 states, as our attorneys are licensed in Florida and many federal courts around the country. We are here to help, so call us today.
