Those include:. VA often will not consider these combination requirements properly, and many veterans do not know they exist. The VA often ignores unemployability for veterans that do not meet the percentage requirements of the regulation. This means that any veteran who cannot work because of their service-connected disabilities can qualify for unemployability.
VA almost always fails to do this, and it is the basis for a valid appeal. VA may not consider age as a factor in individual unemployability claims. That means that a disabled veteran can still qualify for an extra-schedular total disability rating even when they are over retirement age. The unemployability regulation plainly states that some work will not be considered by VA to determine if a vet qualifies.
The amount increases with the number of people in your household The bottom line is that a veteran can work some and still qualify for TDIU, but they need good wage records to prove they are under the marginal employment cap.
If a veteran is working in a protected or sheltered workplace, they can still qualify for TDIU as well.
Examples of this type of work might be in a family business, where strict attendance is not required or working for a friend or creates a job with very limited job duties that would not exist elsewhere.
If you are looking for a Veterans disability lawyer to handle a denied Individual Unemployability claim, call us toll-free nationwide at or use our online contact form to schedule an appointment with one of our VA disability attorneys.
As such, the first requirement for TDIU is to be unemployable. If a Veteran receives TDIU, the VA may determine that their condition has improved sufficiently enough for them to sustain gainful employment. For starters, the VA can never reduce their rating and the Veteran need not worry about their rating being reduced.
Call today to schedule a free case evaluation. The attorneys at Berry Law Firm are dedicated to helping injured Veterans. With extensive experience working with VA disability claims, Berry Law can help you with your disability appeals. The VA TDIU requirements are layered and complex, but sorting through them is the first step to getting the necessary and deserved benefits.
This status allows an eligible veteran to receive the maximum benefits even without a percent combined disability rating. Any service member who is receiving compensation for one or more service-connected disabilities is eligible to apply for TDIU. However, eligibility for application does not necessarily mean that the service member will receive TDIU status. Generally speaking, the higher the combined disability rating, the more likely the service member is to qualify for TDIU.
However, the decision is often made on a case-by-case basis. Many service members believe that they must first meet the requirements for Schedular TDIU before applying.
While it is certainly true that meeting the Schedular TDIU requirements can make the process easier, this is not the only way that a service member can qualify for TDIU. First and foremost, the applicant must be service-connected for one or more disabilities. In these cases, the service member does not meet the specific disability rating requirements for Schedular TDIU. Many people in this situation incorrectly believe that they cannot qualify for TDIU at all. However, the VA allows for individual analysis of TDIU requirements in order to determine eligibility outside of the normal requirements.
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