While applying for veterans benefits can be a chore in and of itself, sometimes, the VA will underrate a disability meaning that the VA believes that the disability is not as incapacitating as it actually is. In those cases, a TDIU veteran attorney in Munster can petition the VA to take another look at your case file and determine whether or not rerating you higher would be more appropriate.
The rating can have far-reaching implications for your finances. A TDIU rating allows you to recover the maximum amount of benefits since it is assumed that you are unable to work. However, it can be difficult to get a TDIU rating without significant medical evidence. Your Munster veterans benefits attorney can help you appeal your rating to the VA.
TDIU stands for total disability individual unemployability. If you have a TDIU rating, it is assumed that you cannot sustain gainful employment at all. Essentially, a TDIU rating affords you the same benefits as someone who has a 100% disability rating. However, you do not need to actually have a 100% disability rating to qualify for TDIU benefits.
Instead, you have to prove the following:
Additionally, you must have been honorably discharged and not be able to sustain “substantially gainful employment.” Substantially gainful employment does not include odd jobs, short-term work, or your eBay hobby store. Even veterans with paying part-time work may be able to qualify for TDIU benefits. You will need to discuss the matter with your lawyer.
Veterans are not automatically awarded TDIU benefits. Those applying for TDIU benefits will need to fill out two additional forms and provide medical evidence as to why the VA has underrated their disability. Your attorney can help you apply for a higher disability rating.
In other cases, a veteran may be assigned a TDIU disability rating only to later have it decreased by the VA. In those cases, you can challenge the VA’s decision to rerate you. Finally, it may be possible to have your disability rating made permanent. In those cases, a finding of TDIU “permanent and total” disability will not require the applicant to reapply for TDIU benefits. They will instead get TDIU benefits for the rest of their lives without having to prove anything else.
The Comerford Law Office represents the interests of Munster, IL veterans in TDIU claims with the VA. Call today to schedule an appointment and we can begin the process of appealing your current rating.