The amount of benefits that a disabled veteran is able to collect depends on the scheduler rating that he or she receives from the VA. In most cases, disabled veterans can only collect the full range of benefits when they receive a 100 percent rating.
Fortunately, VA benefits are available to those who do not technically qualify as 100 percent disabled, but are unable to work as a result of their service-connected conditions. This benefit is referred to as Total Disability Individual Unemployability (TDIU) and can play a crucial role in helping injured veterans pay necessary bills and receive medical care, so if you believe that you may qualify for TDIU benefits, you should consider speaking with an experienced Great Lakes veterans benefits attorney who can help you file a claim.
Veterans who have been deemed disabled by the VA have the right to collect a tax-free monetary benefit if their injury or condition was incurred or aggravated during active military service. Disability compensation is provided on a monthly basis to the veteran and in some cases, his or her family as well. However, the amount that a veteran can receive will depend on the degree of his or her disability, which is rated on a scale of ten to 100 percent. Generally, to receive total coverage, a veteran must have sustained an injury rated at 100 percent disabling. However, there is an exception for veterans who don’t receive a 100 percent scheduler rating. Known as the TDIU benefit, this option allows veterans who are unable to work because of their service-related disability to be compensated at the 100 percent level.
Before a veteran can receive benefits on the basis of TDIU, he or she must be able to demonstrate an inability to engage in substantially gainful employment. According to the VA’s definition, this refers to employment that pays an amount that is at least equal to the poverty level, which in 2017 was $12,060. Marginal, temporary, and sporadic work does not qualify as substantially gainful. In fact, even if a veteran does exceed the poverty level, his or her employment can still fail to meet the VA’s definition of gainful employment, especially if the job is supplied by a family business.
Once a veteran has established that he or she cannot maintain employment, it is still necessary to provide evidence of one of the following:
Meeting this standard requires the submission of a significant amount of evidence, including medical records and employment history.
Please contact The Comerford Law Office, LLC at 312-863-8572 to speak with a dedicated Great Lakes attorney about your own claim for benefits. Initial consultations are conducted free of charge.
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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