The Comerford Law Office represents U.S. veterans attempting to file VA disability claims. Our job is to ensure that your application is given the right attention. Often, the VA will receive applications and then reject them simply because they do not contain enough information. Other times, the VA may accept your application, but your disability rating will be too low to receive the full benefits package. A seasoned veteran benefits attorney in Hammond can help with your application.
The VA uses a disability rating system to determine how disabled you are. TDIU claims are claims in which a veteran has been ruled totally disabled. That means that they cannot support themselves or work at all in the field for which they are qualified. Sometimes, the VA rates folks under a TDIU claim, and you can appeal to have your rating adjusted. It does not mean, necessarily, that you are 100% disabled. It simply means that there is a 0% chance that you can, in your current condition, do work for which you are qualified.
The specifics of qualifying for a TDIU claim are vague and complex. Suffice it to say, if your disability rating comes back lower than 100%, you can still qualify for benefits. You will need at least one disability that rates 60% or higher or two disabilities that rate over 70% with one rated at 40%. How can you predict what your disability rating will come back at? Well, you really can’t. The VA, nonetheless, has substantial power to force an applicant to prove their case to the VA’s satisfaction. The fund is there for military members who gave their service to their country and now need their country to serve them.
Essentially, the entire question will boil down to whether or not you can perform labor for which you are qualified. If you can prove that you cannot perform this labor in your current condition, then you have established the criteria required to collect TDIU benefits.
It may be an uphill battle, however, but that does not mean it is not winnable.
If your disability rating comes in under the required thresholds, you can appeal the decision and petition the VA to reconsider your disability rating. In these cases, you may have a disability that is rated 59% by the VA but you still cannot do work for which you are qualified. The rating system is not the last word. You only need to prove that you cannot do work for which you are qualified.
If your VA disability benefits application has been denied or you think you deserve to be rerated for the purposes of a TDIU claim, call the attorneys at The Comerford Law Office today to schedule a free consultation and learn more about how we can help.