The VA works on a rating system to determine the severity of your disability. The Chicago total disability individual unemployability attorneys at The Comerford Law Office, LLC can work alongside you to ensure that your rating accurately reflects your disability and your benefits package meets your financial needs.
A Chicago TDIU (total disability individual unemployability) lawyer can help you prove a TDIU claim.
A TDIU claim is appropriate where a Veteran’s service connected disabilities, singularly or in combination, prevent the Veteran from working. Not all TDIU claims are necessarily permanent. A TDIU claim may be reviewed in the future unless it is considered “permanent and total.” A TDIU claim pays a Veteran at the 100% rating pay level even though the Veteran does not have a combined 100% disability rating.
To qualify for TDIU benefits, the VA requires you to have one disability that is rated 60% or higher or two disabilities rating 70% or higher so long as one disability is rated at least 40%. While the rating system is used as a way to deny claims, a veteran who is rated lower than the above thresholds can still qualify for TDIU benefits if their lawyer can show that their disability renders them unable to work.
If you’re paralyzed in the line of duty, you may not need to overextend your efforts to prove a TDIU claim. Other disabilities, however, can be much more difficult to prove. Even if you can prove you have a disability and it was acquired in the line of duty, you may have a difficult time meeting the VA’s criteria for TDIU benefits.
Disabilities that take a longer time to prove include traumatic brain injury, psychiatric impairments such as PTSD, back injuries, respiratory ailments resulting from chemical exposure, and more. A TDIU claim is proven when you show that your service-acquired disability prevents you from sustaining substantial gainful employment. Sporadic or Temporary employment, paying less than the poverty rate do not prevent an award of TDIU.
If VA denies your claim for TDIU, a VA accredited attorney can help you appeal that decision . A Chicago VA benefits lawyer can help you find the evidence you need from either your doctors or vocational counselors to have your rating increased.
The Comerford Law Office, LLC represents the interests of U.S. veterans in VA disability claims. Call today to schedule a free consultation and we can begin preparing your case immediately.