Veterans’ benefits are a form of regular monthly payment to those who have sustained injuries in the performance of their duty. Because the disability fund is not bottomless, the VA protects its funds against weak or unsubstantiated claims. In the process, several valid claims are denied. The veterans’ disability attorneys at Comerford Law Office have helped hundreds of veterans from Gary, Indiana appeal the decision to deny them benefits. In this article, we will discuss TDIU claims, how they work, and what they mean.
“TDIU” means “Total Disability / Individual Unemployability.” Because your benefits are related to the severity of your injury and its propensity to prevent you from sustaining gainful employment, TDIU claims are the most substantial. You essentially argue that your disability rating is beyond the threshold that would allow for a status of “unemployability.” That means that your disability is severe enough to prevent you from working at all.
The TDIU rating is related less to the disability itself and more to how it prevents you from working. As an example, a condition that is not generally considered “totally disabling” may prevent you from sustaining even part-time employment. In that case, you may qualify for a TDIU rating without having a disability that is “totally” disabling.
The rating process is unfortunately opaque. You may have one idea on how severe your disability is, but the VA will rate you lower than you think you should be. In that case, you can appeal the decision with the help of a lawyer. Our lawyers will advocate on your behalf and argue that you should be rerated.
To qualify for a TDIU benefits package, you must have one disability rated at least 60% or a total disability rating of 70% with two or more disabilities and at least one being rated 40% or higher. In some cases, you may qualify for a TDIU benefits package without meeting that criterion, but that is the process by which the VA excludes claims. With the help of an attorney, you can appeal the process and get the benefits you deserve.
TDIU claims can be quite difficult to prove. This is especially true when your injuries are psychiatric, related to traumatic brain injury, or some other injury that requires subjective evidence to prove.
In some cases, a veteran may be rated as below 100%, but petition the VA to rerate them based on the way their disability impacts their ability to sustain employment.
The Gary veterans’ benefits attorneys at Comerford Law Office can help you apply for, appeal, and receive veterans’ disability benefits for which you are qualified. Call our office today and we can begin the process of collecting the evidence you need to prove your case.