Not every Veteran’s service connected impairment is so severe to warrant a 100% rating, whether individually or when combined with other service connected disabilities. However, if a Veteran’s service connected disability/disabilities are so severe as to render the Veteran disabled, the Veteran may be entitled to Total Disability based on Individual Unemployability (TDIU). To meet the “schedular” definition for TDIU, the Veteran must have a disability rating for one disability rated over 60% or for two (or more) disabilities with a rating of 70%. In some cases, a service connected disability may so severely impact a Veteran’s employability as to entitle the Veteran to TDIU without meeting the schedular requirements.
Some disabilities are automatically rated 100% by the VA, such as certain cancers which require ongoing treatment such as chemotherapy.
A TDIU rating would remain in place unless the veteran’s treatment was successful. The veteran would have six months thereafter to continue receiving TDIU benefits.
With the exception of cancer, there is no other disability with a presumption of a 100% rating, with the notable exception of paralysis or loss of limb. In these cases, a determination would be made as to what type of work the injured veteran is qualified to do. The VA comes to this determination after reviewing all available evidence regarding the veteran’s claim. In some cases, they may assign the veteran a disability rating of 60%, but it will not become permanent and total (P&T) unless the veteran is unable to work moving forward. The VA reviews such cases periodically to determine the veteran’s progress.
The VA is quite sensitive to psychiatric injuries and understands how disabling they can be. Nonetheless, ratings for those claiming psychiatric injuries vary depending on the severity of symptoms. A diagnosis of PTSD can be rated 100% disabling or as low as 0%. Clearly documenting your symptoms is a crucial factor in obtaining the highest rating you deserve.
As a disabled veteran seeking benefits, you will need to establish that your disability prevents you from sustaining gainful employment. This can be difficult to do without an experienced professional guiding your claim. That is why veterans seeking disability benefits through the VA deserve the help of a skilled attorney in their corner. The Chicago VA disability attorneys at The Comerford Law Office, LLC help veterans file appeals to get their ratings increased or fight a denial of benefits. Call today and learn more about how we can help.
Retroactive pay regarding the failure to account for all the veteran’s medical conditions.
Military Sexual Trauma case
Disability associated with Chronic Fatigue Syndrome
Retroactive pay regarding a PTSD misdiagnosis.
PTSD resulting in Unemployability
Traumatic brain injury case
Wrongfully denied SSA claim
Post-traumatic stress disorder (PTSD)
Non-presumptive cardiac impairment linked to Agent Orange
Agent Orange exposure case that led to Parkison’s disease.
ERISA long term disability benefits.