To ensure that veterans receive compensation for injuries sustained while on active duty, the U.S. Department of Veterans Affairs provides benefits to cover medical bills and household expenses. In most cases, the amount of compensation that an injured veteran can expect to collect is based on the severity of the disability, which are ranked by the VA.
Fortunately, even when a veteranâ€™s disabilities are rated as less than 100 percent disabling, he or she could still collect benefits at a 100 percent level. This is known as the Total Disability Individual Unemployability (TDIU) benefit and only applies to veterans who are unable to secure or sustain substantially gainful employment as a result of their disabilities. Filing for and receiving TDIU benefits can be difficult, as the VA requires a significant amount of documentation and evidence before it will approve a claim. To ensure that you comply with all filing requirements, please contact an experienced Belleville veterans benefits attorney who can walk you through the filing process.
Before a veteran can begin receiving TDIU benefits, he or she must first provide evidence of an inability to find or keep substantially gainful employment. Substantially gainful employment is defined as employment that provides an income that exceeds the poverty level. Fortunately, even if a veteran makes more than that yearâ€™s poverty level, he or she can still collect TDIU benefits if the employment is marginal or provided by a family member.
The VA rates disabilities on a scale of ten to 100 percent based on severity, so a TDIU claimant must provide evidence of one of the following before his or her claim will be considered:
When considering these numbers, it is important to keep in mind that the VA considers certain injuries to be a single disability, including:
The VA will also not take disabilities that are not service-related into account when determining ratings. However, if upon filing a claim, the Board believes that the existing VA medical examination reports do not adequately address the extent of the claimantâ€™s functional and industrial impairment, they can request additional medical evidence and another examination before making a decision.
To speak with an experienced veterans benefits attorney who can walk you through the process of filing a claim for TDIU benefits, please contact The Comerford Law Office, LLC at 312-863-8572 today. A member of our legal team is standing by to help you schedule a free consultation at your earliest convenience.
I contacted Jim after my first denial for SS Disability. He was referred to me by a good friend who had retained him for her Disability odyssey as well. My Disability case was somewhat difficult because I didn’t have a nice, large cache of medical documentation to back up my claim. Despite this and other complications Jim helped me get through my hearing and I received a fully favorable decision from the Judge and now I am just waiting to start receiving my benefits,
James is an absolutely great lawyer. He fully understands his area of expertise, he’s quick to answer any questions with clear, concise directions on how to proceed. His insight into understanding how to navigate with many case laws and government agencies helped me as his client better understand the case law and it’s ways. James is quick to answer emails and phone calls, and made me feel very comfortable. I highly, highly recommended James for his case law specialties. A professional and true gentleman, even when I would ramble on with worry, James was very understanding and able to put my concerns at ease.
Jim is absolutely one of the nicest, most compassionate, and intelligent lawyers out there. He is fast to answer any question with clear, concise direction. His insight into understanding how to navigate with many government agencies helps his clients in many ways. Jim is quick to answer emails and calls, and makes his clients feel very comfortable. Highly, highlyrecommended.
Jim is a good lawyer that helped us through a difficult purchase of our home(he also was the lawyer for the sale of our previous home).
We had quite a few issues with the details of the purchase with both the bank and the seller that James made sure were resolved as quickly as possible. When the selling lawyer would not respond to phone calls/emails Jim physically went to the lawyer’s office and made sure that the final details were pushed through.
I would recommend Jim as an attorney as he is very knowledgeable and thorough on the work that he does.
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