TDIU – Unemployability Attorneys

Many veterans with service-connected disabilities face significant challenges finding and maintaining full-time employment. These disabilities can limit your physical abilities, mental well-being, or both. Fortunately, the VA offers a benefit program called Total Disability based on Individual Unemployability (TDIU) to help veterans in this situation. TDIU provides compensation at the same rate as a 100% disability rating, even if your combined disability rating falls below that threshold.

Here’s a breakdown of TDIU and how Veterans Benefit Group can assist you in securing these benefits.

What is TDIU?

TDIU is a valuable VA program designed to support veterans whose service-connected disabilities prevent them from maintaining substantially gainful employment (SGE). Even if your combined disability rating doesn’t reach 100%, TDIU can elevate your compensation to that level if you meet the unemployability criteria.

Qualifying for TDIU

There are two main paths to TDIU eligibility. One option is for veterans with a combined service-connected disability rating of 70% or higher, with at least one disability rated at 40% or more. In addition, you must demonstrate an inability to maintain SGE due to your service-connected disabilities.

The other path applies to veterans with a single service-connected disability rated at 60% or more. Similar to the first option, you’ll need to prove that your service-connected disabilities prevent you from holding a substantially gainful job.

Understanding Substantially Gainful Employment (SGE)

The VA defines SGE as a work activity that meets two key criteria. First, it must be substantial, meaning you’re working a minimum number of hours or earning a minimum amount of income. The VA considers various factors such as your location, skills, and limitations when determining the SGE threshold. Second, the work activity must be gainful, meaning it’s a legitimate means of earning a living, and the income must be earned through your own efforts. Volunteer work or activities that don’t provide a sustainable income wouldn’t qualify as SGE.

Building a Strong TDIU Claim

A successful TDIU application hinges on comprehensive evidence that proves both your service connection and your limitations in maintaining SGE. Veterans Benefit Group can help you gather the necessary documentation, including detailed medical records documenting your service-connected disabilities, their severity, and their impact on your ability to work.

If you’ve participated in VA vocational rehabilitation programs, these records can be helpful in demonstrating the limitations your disabilities pose on your employment options. Documentation of past attempts at employment and the reasons for leaving those jobs can strengthen your case. Statements from employers or supervisors outlining the limitations your disabilities caused and how they impacted your job performance can be valuable evidence as well.

The TDIU Application Process

Veterans Benefit Group can guide you through the TDIU application process, which involves submitting a formal claim to the VA. We’ll assist with completing all necessary forms, gathering supporting evidence, and communicating with the VA on your behalf to ensure a smooth claims process.

Appealing a Denied TDIU Claim

If your initial TDIU claim is denied, you have the right to appeal the decision. Veterans Benefit Group can represent you throughout the appeals process, advocating for the benefits you deserve.

Contact Veterans Benefit Group Today

If you are a veteran with service-connected disabilities that hinder your ability to work full-time, you may qualify for TDIU benefits. Don’t hesitate to seek the compensation you deserve. Contact Veterans Benefit Group today for a free consultation. Our team of experienced veteran benefit attorneys is dedicated to helping veterans secure the TDIU benefits they’ve earned through their service.