If you have a disability rating of 60% for one disability or 70% for two disabilities, you may be entitled to individual unemployability benefits. However, in other cases, your disabilities may not be rated high enough to qualify. If that is the case, your Chicago VA disability attorney can file an appeal with the VA to have your disability rerated or prove that even though your disability rating is not high enough, it still prevents you from working. In this article, we will discuss how that process works.
Before you can prove a TDIU claim, you must already be the recipient of benefits. Those who believe that their disability rating is too low can then appeal the rating with the VA and ask them to reconsider. In cases where your disabilities were not fully understood at the time you applied or where you have individual complications related to low-rated disabilities that make it more difficult for you to work, you will have a strong claim for a TDIU appeal.
The VA does a decent job of determining whether or not an individual can work with their disability. Of course, some disabilities may be much more difficult to predict than others. Even in cases where you have an old ankle injury, complications could arise down the line that make it difficult for you to remain on your feet all day. If your job experience fits jobs that demand you remain on your feet all day, then you would have no relevant experience to do a job you are able to do. In these cases, the VA may assign a rating of 100% to a veteran who does not have a disability that qualifies as “totally disabling” or any combination of disabilities that would qualify, but is still able to recover TDIU benefits.
An attorney will work closely with you, former employers, your loved ones, your doctors, and vocational counselors who can determine what sort of work you could do with your current injuries. If you are only qualified to sit in an office all day, but you have no relevant office experience, you would be an ideal candidate for an extra-schedular TDIU claim.
If you need to have your Chicago VA disability rating reviewed to ensure that your benefits package is meeting the needs of you and your family, then call The Comerford Law Office, LLC today to schedule a free consultation and discuss your situation in more detail. We will review your claim, determine what information you will need to provide and begin organizing your appeal immediately.