No doubt, most veteran representatives have seen the term sedentary employment appear in many rating and Board decisions concerning TDIU claims. The problem is that this term is not self-defining. In its most common usage, sedentary employment means desk-type work, involving mostly sitting.  But this general definition is too vague to be of any use to VA adjudicators in deciding …

Nearly every veteran representative is familiar with total disability ratings based upon individual unemployability (TDIU). They are the most common way for obtaining a 100% disability rating, given the difficulty of securing a total disability rating under the stringent criteria of the VA Schedule. Two subsections of 38 C.F.R. § 4.16 provide for TDIU ratings: 38 C.F.R. § 4.16(a) & …

Defending Against Proposed Reductions of 100% Disability Awards Based Upon Individual Unemployability (TDIU) As some of you may already know, the VA is permitted to review existing total disability awards based upon individual unemployability (TDIU) to determine if new evidence has come to light establishing the veteran’s capacity to obtain and maintain substantial gainful employment. However, before reducing a TDIU …