TDIU stands for Total Disability Individual Unemployability claims. These claims are relevant to VA benefits requests involving soldiers who cannot work at all. Such soldiers are assigned a disability rating of 100% and are able to collect benefits that honor the sacrifice they made to their country. In this article, we will discuss what a TDIU veterans lawyer can do for you.
If you are unable to work due to a service-related injury, you may be able to collect veterans’ benefits equivalent to those of an individual with a disability rating of 100%. The requirements are as follows:
For the purposes of applying for TDIU veterans’ disability, odd jobs and marginal employment do not count.
There are also rare cases in which a veteran will have a disability rating of less than 60% but can still request TDIU benefits if they can prove that their disability prevents them from sustaining substantially gainful employment.
TDIU claims extend health care benefits and monthly payments to veterans’ who sustained severe injury in the line of duty and this injury prevents them from working or holding down a job for an extended period of time.
TDIU claims can be quite cumbersome to prove. You will need to show that your service-related disability prevents you from sustaining work. However, because applications can take years to process, you are entitled to receive back pay to the “TDIU effective date,” which is the date on which the VA received your claim.
In most cases, TDIU claims are permanent, meaning that you can collect benefits indefinitely unless you begin working at some point in time. Veterans can periodically be rerated for a higher or lower disability rating. In cases where their disability is deemed to be too low for the TDIU threshold, they may be re-rated or ask for special consideration.
James R. Comerford has fulfilled the United States Department of Veteran’s Affairs accreditation to help veterans navigate the VA disability claims process. Comerford Law Office helps veterans apply for the first time, appeal a VA decision, and get the evidence they need from doctors and vocational counselors to prove their case.
If your injury prevents you from earning a living, call Comerford Law Office today to learn more about how we can help.