Recognizing that many of the veterans who were disabled as a result of service-connected injuries or illnesses have difficulty transitioning to civilian life, the VA began offering qualifying veterans with Total Disability Individual Unemployability (TDIU) benefits.
These benefits, like other federal disability benefits, help compensate veterans who cannot work due to a service-connected disability, but unlike these other benefits, TDIU payments are always in an amount that correlates with a 100% disability rating. This is true even when a veteran’s disability was rated as being less than totally disabling, so if you or a loved one were injured while serving your country and are unable to work as a result, it is important to speak with an experienced veterans TDIU lawyer Hobart who can help you file your claim.
When applying for total disability benefits, most veterans are required to provide evidence that their service-connected injury or illness has been rated as 100% disabling by the Veterans Administration. Veterans who can satisfy the threshold for TDIU benefits, on the other hand, can collect total disability payments even if their injuries have not been rated as 100% disabling, as long as they suffer from:
Unfortunately, even when a veteran is suffering from multiple service-connected injuries or illnesses, the VA could still consider him or her as only suffering from a single disability. For instance, the VA treats disabilities of one or both upper or lower limbs as one disability. Disabilities resulting from a single accident or that affect a single body system are also often treated as single disabilities for disability benefit purposes.
Even when a veteran is able to fulfill the preceding requirements, he or she will not be able to collect benefits unless that individual can also provide proof that he or she cannot maintain substantially gainful employment because of a disability. What qualifies as substantially gainful employment can be difficult to determine, but generally, employment will be considered not substantially gainful, but marginal if a veteran’s earned annual income does not exceed the poverty threshold. Even in cases where a veteran’s income does exceed the poverty level, his or her employment could still qualify as marginal if the veteran is employed by a relative or is otherwise not expected or required to perform at the level of other workers in the same position.
If you sustained a service-connected injury that was not rated as 100% disabling, you could still qualify for TDIU benefits. To learn more about your legal options from a dedicated Hobart veterans TDIU lawyer, please contact The Comerford Law Office, LLC today.