We know how hard veterans work to readjust to civilian work after their tours of duty, applying the same commitment and force of will that kept them going during difficult deployments and challenging assignments. Sometimes, though, struggling past service-connected disabilities to perform a civilian job doesn’t seem to be working. It’s possible that even less than total disability seems to be resulting in employment difficulties. It’s worth finding out whether the veteran is eligible for a 100% disability rating under a theory of Total Disability Individual Unemployability (also known as “TDIU”).
The VA generally refers to a claim as a TDIU claim when two conditions are met: 1) the veteran has one service-connected disability with a 60% or more disability rating or has two or more service-connected disabilities with a combined rating of 70% or more, and 2) there is medical evidence of unemployability (more about that below). If the veteran satisfies these two conditions, he will be entitled to be paid at the 100% disability rate, even though he does not satisfy that 100% disability rating under the schedule. See 38 C.F.R. § 4.16(a).
A second method of reaching the same TDIU result is called an extra-schedular rating. An extra-schedular rating applies to veterans who are unemployable due to their service-connected disability(ies), but whose disability(ies) does not meet the percentage requirements under § 4.16(a). See 38 C.F.R. § 4.16(b.)
A veteran can be rated 100% disabled under both a TDIU or extra-schedular theory. See Bowling v. Principi, 15 Vet.App. 1, 5-9 (2001).
Medical evidence of unemployability refers to medical findings of conditions or symptoms that would tend to interfere with the maintenance of regular, full-time employment. Examples could be ongoing panic attacks, social anxiety, frequent emotional outbursts as a result of PTSD, etc.
If you think you might be eligible for TDIU and want to appeal your VA disability decision, Veterans Law Group would love to talk with you. Highly respected in their field, VLG has more than twenty years of experience providing legal help for veterans and their families in their quest for benefits. We can help you obtain additional medical opinion evidence to get you the benefits you deserve.
To get started, simply fill out this questionnaire and submit it to our office for evaluation. We will review your request for a consultation and contact you as soon as possible. Our consultations are free of charge and require nothing from you. With so much on the line, why not explore your legal options?
