In certain cases, it can be beneficial to appeal the VA’s decision to grant you benefits. As an example, sometimes, the VA will rate your disability lower than you think it should be. This could impact the overall size of your benefits package, what benefits you are eligible for, and how much of your income is supplemented by VA disability benefits.
The Comerford Law Office, LLC can appeal your VA disability rating and ensure that your benefits package meets all your needs. Here are the basics on TDIU ratings and how lawyers go about advocating for a higher VA disability rating.
TDIU means “total disability, individual unemployability.” While you do not need to be rated 100% disabled to qualify for a TDIU rating, the VA does have specific standards that need to be met and, failing that, need to be waived in specific situations.
Specifically, you need to have one disability with a rating of 60% or higher or two disabilities that rate 70% or higher. Otherwise, you will need to appeal to the VA board for special consideration. In some cases, the VA’s disability rating system fails to account for all of the variables in an individual’s case, and your attorney may be able to explain why you should be given special consideration.
You may have filed your application with VA’s disability board only to have your application rejected. You then had an attorney help you file an appeal, and were awarded disability benefits based on a rating of 60% or less. You have the option to file a second appeal to have the VA reconsider your rating. The VA does not generally hand out TDIU benefits packages based only on a veteran’s word. They will need to prove that their disability is real, acquired in the line of duty, and prevents them from sustaining gainful employment. The threshold is high.
Nonetheless, your VA disability lawyer will collate all of your medical information, enlist the aid of vocational counselors, and discuss matters with your family and close friends so that we can generate an accurate picture of how your service-acquired disability impacts your ability to stay employed. Odd jobs and part-time work are not considered gainful employment for the purposes of the VA.
The Comerford Law Office, LLC represents clients throughout Illinois and Indiana who are applying for disability benefits or need to be rerated for the purposes of their benefits package. Call today to schedule a free consultation and we can discuss your next moves to ensure your claim is honored.