If you are reading this, then you already know how difficult it can be to win your disability claim with the VA. It can be equally frustrating to prove that you are disabled enough to receive the maximum benefits package. For this reason, many individuals who have already won their claims retain a Chicago veterans’ disability lawyer to prove the final element of their claim: That they deserve TDIU benefits.
The Comerford Law Office, LLC is one of a handful of law firms that specialize in veterans’ disability claims. We are authorized by the VA to handle and manage these claims. Here are the basics of filing a TDIU claim with the VA.
TDIU stands for total disability, individual unemployability. But you do not have to practically be in a pine box to recover these benefits. Nonetheless, the VA zealously defends the solvency of their disability fund by forcing every applicant to meet a very high standard of proof before the VA will authorize payments. This is even true for those who have proven, to the VA’s satisfaction, that they did have a service-related disability that is impairing their ability to work.
The VA operates on a rating system. Those who have one disability that is rated above 60% automatically qualify for TDIU benefits. Unfortunately, very few will qualify without substantial proof of impairment. This leaves claimants and their lawyers often searching for an extra 10% to get them over the hump. Alternatively, a claimant with two disabilities that rate over 70% disabling are also entitled to TDIU benefits. Even in cases where your disability rates lower than the established percentage, you may be able to claim that the impairment caused by your disability prevents you from working.
In most cases, the VA may authorize payments to a veteran but claim their disability is lower than the 60% required for TDIU benefits. You can, with the help of a TDIU lawyer, appeal that decision and ask to be rerated. Your attorney will then coordinate between your doctors, your family, former military commanders and peers, and vocational counselors to determine what type of work you can and cannot do. By making a holistic argument that discusses your disability in terms of your daily living and your doctors’ recommendations, we can help you prove that you are totally disabled according to the VA’s standards.
The Comerford Law Office, LLC is proud to represent America’s veterans in TDIU claims with the VA. Call today to set up an appointment and we can begin reviewing your case file immediately.