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Did you know that veterans without a 100% combined disability rating can still be eligible to receive 100% disability compensation? Many veterans don’t realize that the VA offers benefits called Total Disability based on Individual Unemployability, or TDIU. TDIU is available for veterans whose disabilities make it difficult or impossible for them to find traditional employment. There are multiple pathways a veteran can use to qualify for TDIU, and the expert Arizona VA Disability Lawyers at Stone Rose Law know them all.
The first way is fairly straightforward – if you have a service connected disability that has been rated at 60 percent or higher, you can quality for TDIU if your disability renders you unable to get and keep “substantially gainful employment.” Substantially gainful means a job that will pay above what the federal government has set the poverty threshold at.
The second way is similar to the first: if you have more than one service-connected disability and your total disability rating is 70 percent or more, and one of those disabilities is rated at 40 percent, then you may qualify for TDIU if you’re unable to get obtain and keep substantially gainful employment.
The third way is a bit more complicated. Just because your disabilities do not add up to the proper numbers, 60 percent from one or 70 percent from more than one, doesn’t mean you can’t qualify for TDIU. 38 CFR § 4.16(b) says that your case can be referred to the Director of Compensation Service to be considered. While this can be a more difficult process, the VA Disability Lawyers at Stone Rose Law are familiar with the process, and are here to walk you through it. Schedule a free consultation and see if you might qualify for TDIU benefits.
It is very important to note that TDIU is not a permanent guaranteed benefit, and the VA can stop giving you TDIU benefits if certain things change, such as your income level or employment. The experienced VA Disability attorneys at Stone Rose Law know how to navigate this complicated field and maximize your benefits.
Veterans can apply for TDIU benefits online, in person, via mail, or through a representative who has been accredited. Applying for TDIU doesn’t even require that you submit new evidence in every case – the VA is able to consider your request based off of your record. Talk to one of our Arizona military law attorneys today and see if you qualify to receive more money from the VA based on your existing injuries.
