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Belleville TDIU Attorney

Belleville TDIU Attorney

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 veteran’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.

Employability

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 year’s poverty level, he or she can still collect TDIU benefits if the employment is marginal or provided by a family member.

Disability Ratings

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:

  • A single service-related disability ratable at 60 percent; or
  • Two or more service-connected disabilities, at least one of which is ratable as 40 percent, and a combined rating of at least 70 percent.

When considering these numbers, it is important to keep in mind that the VA considers certain injuries to be a single disability, including:

  • Disabilities of one or both upper or lower extremities;
  • Disabilities resulting from a single accident or a common condition;
  • Disabilities affecting a single body system, such as the digestive or respiratory systems;
  • Multiple injuries incurred in action; or
  • Multiple disabilities incurred while a prisoner of war.

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 claimant’s functional and industrial impairment, they can request additional medical evidence and another examination before making a decision.

Contact Our Belleville Legal Team Today

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.

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James R. Comerford
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