Total Disability Individual Unemployability Veteran Lawyers Chicago

Total Disability Individual Unemployability Veteran Lawyers Chicago

If you are currently the recipient of VA benefits, you can apply for TDIU benefits. To qualify for total disability individual unemployability benefits, you must be able to prove that your disability meets a specific standard. The VA has a list of disabilities and each one is assigned a percentage of how disabling the disability is. If your disability is more than 60% disabling according to the VA, or you have two disabilities that add up to 70%, then you can qualify for TDIU benefits.

Even if your disability is less than 60% or you have two disabilities that do not quite add up to 70%, you may be able to appeal the decision based on your individual circumstances. Total Disability Individual Unemployability veteran lawyers in Chicago are ready to defend your TDIU claim, contact our office today.

Proving a TDIU claim

TDIU claims are difficult to prove. First, you must establish that you are receiving VA disability benefits. Then, you are allowed to pursue a TDIU claim. If the VA does not rate your disability high enough, you can file an appeal based on your individual circumstances. You can also file an appeal to have your disabilities rerated based on new information. If you can provide the VA with medical or vocational proof that your disability is interfering with your ability to remain gainfully employed, then you have a strong argument to file a TDIU claim.

Extra-schedular ratings

The VA has a standard for evaluating those who make VA disability benefits claims, but it acknowledges that this standard is not always useful when evaluating every former soldier. In cases where the VA has failed to properly evaluate a soldier’s condition, the soldier can produce evidence showing that the VA’s disability schedule is inadequate to determine how severe their injury is. With the help of vocational counselors and medical providers, your attorney will argue that you should be evaluated outside of the disability rating schedule. 

It is often necessary to make an extra-schedular argument to apply for TDIU benefits. If your argument is accepted, you would be rerated at 100% disabled. Those who apply for jobs, are accepted, but face on-the-job struggles related to their military disability are ideal candidates to be rerated for TDIU benefits. 

Comerford Law Office Helps Chicago Veterans Apply for TDIU Benefits

If you are a current recipient of VA disability benefits and want to adjust your disability rating, The Comerford Law Office, LLC can help. James R. Comerford is authorized by the VA to help Chicago veterans apply for and adjust their disability ratings. Call today to schedule an appointment and we can begin the process immediately.