If you are a veteran and cannot work because of an injury or disability related to your military service, you may qualify for VA Individual Unemployablity benefits. You may be eligible for TDIU (Total Disability Individual Unemployability), and may be entitled to benefits at the 100% disability rating if you can prove that you can’t work because of a disability related to your service in the military service-related disability.

It is a common misunderstanding for veterans that you can only qualify for a TDIU rating if you exceed a certain percentage disability requirement (usually 60 to 70 percent). Some veterans believe the VA makes the process confusing and difficult on purpose, thus limiting benefit payouts to thousands of disabled veterans.

If you have trouble finding work or cannot keep a job as a result of VA disability, you may have TDIU—VA Individual Unemployability Claim—and should be entitled to additional VA benefits. If the process appears too complex, you may benefit from a no-cost consult with a veterans disability attorney.

Joseph M. Lyon is an VA Disability Claims attorney reviewing VA claims and VA Individual Unemployability Benefits for veterans nationwide.

Individual Unemployability Disability Benefits

You may be able to get additional VA disability benefits if you have at least one service-connected disability rated at 60 percent or more disabling, or two or more service-related disabilities—with a combined rating of 70 percent or more.

The requirements for full TDIU benefits also stipulate that if a veteran is unable to hold down a steady job that supports them financially (“substantially gainful employment”) due to a service-connected injury or disability, they may qualify.

Marginal employment does not count as being employable, and if a veteran is hospitalized, they will qualify at a lower disability rating. The TDIU benefits will include health care costs and cash compensation.

Veterans who qualify for Individual Unemployability benefits will need to file a claim on their own. Each individual will need to provide evidence (medical reports and results) showing that their disability prevents them from working.

What is the TDIU Benefit?

A disabled veteran who qualifies for Total Disability Individual Unemployability (TDIU) can receive over $3,000 a month from the VA. Additional VA benefits are available if the veteran is married and has dependents.

If you are currently working but cannot earn more than the poverty threshold due to disability, the VA may decide that your employment is not substantially gainful, and you will be entitled to TDIU.

If you work in a protected work environment, or sheltered employment, like a self-run business or a family business and your earnings are above the federal poverty limit (around $12,000 a year) you could still be entitled to TDIU benefits.

Some veterans are denied TDIU benefits because the VA thinks they may be capable of “sedentary work.” However, some disabilities are difficult to review from afar and PTSD and other serious conditions can prohibit a veteran from working even odd jobs.

The Department of Labor defines sedentary work as one which involves sitting, lifting no more than 10 pounds at a time and occasionally lifting or carrying small articles, paper work or tools.

Why Hire a VA Disability Attorney?

For a variety of reasons, the VA benefit process is not as easy as it should be. Therefore, veterans can often be denied for claims, then appeal, only to end up without any benefits. An experienced Veterans Affairs Attorney may be able to get you access to a medical examiner not on the VA payroll, and can give an independent assessment of your disabilities. An independent review will determine the following:

• How severe are your disabilities?
• What types of physical limitations do you have?
• Can you lift heavy objects?
• Do you have PTSD or a mental disorder?
• Do you have a sleep disorder?
• Have you been exposed to toxins in military service?
• Are you able to hold down a substantially gainful job?
• What specific limitations do you have?

A VA Claims Lawyer can guide you through the claims and appeals process, and help you file the proper documentation. If you were denied individual unemployability benefits previously, you can re-apply or appeal to the VA. Veterans generally have one year to appeal a denied claim.