TDIU: Total Disability Individual Unemployability
A veteran may possibly be entitled to compensation at the 100%-disability rating if they can properly establish that service-related harm done to their body disallows him/her the chance to obtain, and maintain, gainful employment.
These types of claims are more commonly known as TDIU, which refers to the following:
Sadly, there seems to be a misfortunate understanding across the Veteran’s community that one may only be qualified for a TDIU rating if they either meet or exceed a certain percentage of disability requirements. Some also assume that it may need to be that a Veteran has to only have a service-connected rating for their disability of 60% or higher – however, that’s not true.
There are examples where certain veterans may be able to receive TDIU benefits even if their disability rating is beneath the required level as criteria may come into play such as frequent hospitalizations, which can greatly restrict the ability to earn.
What is true, though? Well, what’s true is that a Veteran can submit a claim for a TDIU rating if they feel as if a disability/disabilities that were a direct result of their time spent served, are now inherently preventing them from monetarily-gainful employment.
The attorneys at Marcari, Russotto, Spencer & Balaban have had success in the past helping Veterans with one or more injuries that are service-related, holding them back from employment, without their current disability rating standing in the way.
What Qualifies as Gainful Employment?
In the eyes of the Department of Veteran’s Affairs, for someone to be ‘gainfully employed’ – it means that they’re earning enough money to be separate and above from the level of poverty.
- Did You Know? In 2018, guidelines put in place to observe the poverty level indicated that anything above $12,140.00 USD is considered an earning outside of the poverty level.
However, it’s important to note, the VA does not consider self-employment or non-fireable positions forms of gainful employment.
Why Was My Claim Denied?
Often more than not, a Veteran will contact Marcari, Russotto, Spencer & Balaban and tell us that they’ve been sadly denied due to the fact that the Department of Veteran’s Affairs believes that they’re more than capable of carrying out sedentary work.
This type of work often revolves around lifting a range of 0-9.0 lbs at any time, and also maintaining and overseeing the transportation of documents and/or small tools. It may be more commonly referred to ask: desk work.
However, our attorneys here feel as if this cannot possibly be a justifiable path of logic to take, as it’d certainly require further medical evidence to prove any end-conclusion.
* It’s important to note that the Employment Questionnaire above must be filled out once every year in order to maintain an established TDIU status.
Claim Denied? Need Help? Schedule a Free Consultation Today!
If you, or someone you love, is having a difficult time with the Department of Veterans Affairs in an effort to claim the benefits needed to sustain a comfortable quality of life, don’t wait another minute – contact Marcari, Russotto, Spencer, & Balaban today.
Our firm works on contingency, so there are no fees whatsoever unless we win your claim for benefits, and, we are accredited to help and represent you anywhere within the United States, so even if you can’t make it to one of our offices, you can still get the help that you deserve.
Call us today at (866) 866-VETS or contact us online for a free consultation by filling out the form below, we will make sure to contact you as soon as we can!