You have applied for VA benefits, been rejected, had your appeal approved, and now the VA is saying that you are less disabled than you actually are. It is true that the VA considers the extent of your disability when approving benefits. Those who cannot work at all are granted TDIU (total disability, individual unemployability) benefits, while others may simply have their income improved while maintaining part-time jobs.
While the VA is quite stingy when it comes to granting VA disability benefits, it is even more stingy when it comes to TDIU benefits. Nonetheless, the criteria for determining whether or not a veteran qualifies has nothing to do with how stingy the VA is. It has everything to do with the quality of your claim.
If you are a veteran who is currently receiving disability benefits and wants your disability rating increased to receive more benefits, The Comerford Law Office, LLC can help you.
The VA uses a rating system based on individual disabilities. If you have one disability that is rated 60% or higher or two disabilities that are rated 70% or higher cumulatively, then you have enough to prove a TDIU claim. In other words, a claim that you are 60% disabled from one injury is enough to prove you are 100% disabled for the purposes of TDIU benefits.
While this system works for the majority of disabilities, it does not always get everything right. If you have a disability that is rated lower than the TDIU requirements, you may be able to argue that your disability still qualifies because of the impact it has on your life.
There are three classes of disabilities that are often underrated. Those are orthopedic injuries to the back, traumatic brain injuries, and psychiatric injuries. The reason these disabilities are underrated is due to the fact that those who have such conditions often show a broad range of responses to them. Some folks with severe psychiatric trauma can work if they have met certain treatment goals. Others will not be able to sustain employment due to ongoing psychiatric problems. Further, the medications used can reduce your ability to hold down a job.
Those with traumatic brain injuries may have their conditions vastly underrated. That is largely because the symptoms of these conditions are either self-reported, difficult to verify, or the individual with the TBI has difficulty communicating their problems.
Back issues are also underrated. Some back issues present with mild pain, while others prevent you from lifting, reduce your mobility, and even make it difficult to sit for extended periods of time.
A TDIU veteran attorney near you can successfully argue why your disability has been underrated and discuss the impact of your disability on your vocation and your daily living.
The Comerford Law Office, LLC works with Chicago and Illinois veterans to ensure that they are financially secure if they have service-related injuries. Call today to learn more about how we can help.