The Comerford Law Office helps U.S. veterans file claims on the VA’s disability fund. These funds are earmarked to help veterans who were injured in the line of duty recover financial support when they cannot support themselves.
One issue that arises occasionally when filing a claim is that the VA will agree that you are disabled and your injury was related to your military service, but they will not rate you high enough on the disability scale to recover the total amount of benefits to which you are entitled. In these cases, The Comerford Law Office can help you appeal the rating and get rerated so you can collect benefits that reflect your current state of unemployability.
A TDIU claim means that you are totally disabled and individually unemployable. You do not have to be literally dead to be considered totally disabled. You only need one disability rated above 60% or two disabilities rated above 70% if one of those disabilities is 40% or higher. In actual fact, the chart system does not necessarily work for everyone. If you have a disability rated at 59% (for example) you would be entitled to less money than someone rated at 60%.
In cases where a veteran has been rated too low to recover TDIU benefits, the decision can be appealed with the help of a lawyer, and we can attempt to get you rerated. Please know that the rating system is not definitive, it is only a guide for making the processing of claims a little easier.
As mentioned above, a 60% disability rating will do it, but sometimes, the disability interferes with your life more than the VA is willing to admit. For instance, someone who is experiencing severe psychiatric symptoms may not have been rated totally disabled when they applied, but may now require constant care. In a case like that in which the VA misjudged the extent of an individual’s limits, their disability rating can be increased to 60% so that they can receive the benefits to which they are entitled.
Your TDIU attorney will discuss your situation with vocational counselors, your doctors, and anyone else who can provide testimony that would help your case.
The Comerford Law Office helps U.S. veterans handle their correspondence with the VA’s disability department. We can help you get your disability rerated and receive more benefits. Call today!