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Danville TDIU Attorney

Danville TDIU Attorney

Total Disability Individual Unemployability (TDIU) benefits are offered by the VA to qualifying veterans who are unable to work because of a service-related disability. Unlike other benefits, TDIU benefits are paid at a 100 percent rate, even when a recipient has not received a rating of total disability.

However, there are other requirements that applicants must meet before they will be approved, so if you sustained a service-related injury and now suffer from a disability, it is critical to speak with an experienced Danville TDIU attorney who can walk you through the filing process.

Eligibility Requirements

In most cases, veterans must be able to prove that their service-connected disability has been rated 100 percent disabling by the VA before they can collect total disability benefits. There is an exception, however, for veterans who can meet the threshold for TDIU benefits, which requires a showing that they have:

  • At least one disability connected to service that has been rated as at least 60 percent disabling; or
  • Two or more disabilities connected to service, one of which is rated at least 40 percent disabling, with rating of 70 percent or greater.

It’s important to note that even when a veteran is suffering from multiple injuries, the VA may only label them as a single disability. This is because the VA considers the following types of injuries to be one disability:

  • Disabilities of one or both upper or lower extremities;
  • Disabilities resulting from a single accident;
  • Disabilities affecting a single body system;
  • Multiple injuries incurred in action; or
  • Multiple disabilities sustained while a prisoner of war.

In rare situations, the VA may decide to award benefits even when an applicant’s disability ratings do not reach the necessary threshold. However, this only occurs in exceptional circumstances, such as when a disability has resulted in a marked interference with employment or such frequent periods of hospitalization that applying for normal disability benefits is not practical.

Substantially Gainful Employment

Finally, in order to collect TDIU benefits the veteran must be able to provide evidence that he or she is unable to keep employment because of service-connected disabilities. Generally, marginal employment is not employment for purposes of determining whether a veteran qualifies for TDIU benefits. Marginal employment usually exists when a veteran’s earned annual income doesn’t exceed the amount established by the Department of Commerce as the poverty threshold. However, even when a person’s income does exceed the poverty level, his or her employment could still be considered marginal if it is in a protected environment, such as a family business.

Call a Danville TDIU Attorney Today

If you were injured while serving your country, you and your family may be eligible for TDIU benefits, even if your disabilities are not considered 100 percent disabling. To learn more about your options, please contact an experienced Danville TDIU lawyer at The Comerford Law Office, LLC by calling 312-863-8572 today. Initial consultations are conducted free of charge.

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James R. Comerford
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