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TOTAL DISABILITY BASED ON INDIVIDUAL UNEMPLOYABILITY

TDIU: WHAT YOU NEED TO KNOW WHEN YOU’RE NOT ABLE TO WORK

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If you’re a veteran who has received disability compensation, you may also be eligible to receive certain supplementary benefits if you’re unable to work due to a service-related disability.

If your disability unfortunately renders you unable to obtain employment, it’s possible that you may be rated at 100 percent for your VA disability benefits. Marcari, Russotto, Spencer and Balaban understand that certain requirements are needed when trying to achieve TDIU benefits, and provide for any veterans who may not be able to actively be a part of any workforce.

There are two key requirements asked of any veteran who submits a TDIU claim in an effort to eligible for a 100 percent rating, those are as follows:

  • A service-related disability with a 60 percent or higher disability rating, or two or more service-related disabilities with a rating that totals 70 percent or higher. Any veteran who is claiming two or more disabilities must make sure that one of them is at least 40 percent or higher. 
  • Medical documents proving that your disabilities are preventing you from doing your day-to-day employment tasks and are subsequently limiting your ability to maintain any type of economically beneficial employment.

However, there are examples where certain veterans may be able to receive TDIU benefits even if their disability rating is beneath the required level. Certain criteria may come into play such as frequent hospitalizations, who restricts the ability to earn greatly may also be a qualifying factor for a veteran. 

The attorneys at Marcari, Russotto, Spencer and Balaban have had success in the past helping veterans who have had one or more service-related injury holding them back from employment, without their current disability rating standing in the way.

It’s important to note that occasional tasks, odd jobs, or local handyman duties do not qualify for or constitute as gainful employment in any way, shape, or form. If you are a veteran who is in the process of applying to increase their disability rating due to certain unemployability, you must complete the following form:

You must also make the necessary time to fill out an Employment Questionnaire once every year to maintain your established TDIU status.

Veterans’ Disability Benefits Claim Denied?

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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 and Balaban today, or simply call us now at (866) 866-VETS. We’re always available to talk to you, and there are no hidden fees to speak to us about your claim(s). Our firm works on contingency, so there are no fees whatsoever unless we win your claim for benefits. We’re accredited to represent you anywhere within the United States, so even if you can’t make it to one of our offices, we can still help you along the way.

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