Qualifying for individual unemployability benefits
September 09, 2020
When a veteran cannot work because of a service-related condition or conditions, they could qualify for a total disability rating based on individual unemployability (TDIU). Even when their condition itself is not rated at 100 percent, they still may receive benefits at the 100 percent rating, when it prevents them from securing gainful employment.
TDIU benefits can equal be more than $3,000 per month and more when the veteran has dependents.
TDIU Eligibility
A veteran who was other-than-dishonorably discharged from the military might qualify for TDIU if they:
- Have a service-related condition rated at least 70 percent
- Have multiple service-related conditions as long as one condition is rated at least 40 percent and a total rating of at least 70 percent
- Are unable to maintain sufficiently gainful employment, which is defined as a job that pays wages above the federal poverty level
There are a few exceptions. If a job pays above the poverty threshold, a veteran with qualifying conditions may still receive TDIU benefits if they work in a protected job or sheltered job environment, such as a family business. A job that pays below the poverty threshold is called marginal employment.
Denials of TDIU
One of the most common reasons veterans are given for a denial of TDIU is because the VA feels they are capable of “sedentary work.” The Department of Labor defines this as a job that involves a lot of sitting and does not include lifting anything over ten pounds at a time. A job can still be considered sedentary work if it requires occasional walking, standing and carrying light items to complete the work.
However, sometimes an individual who has been deemed capable of doing sedentary work may have trouble doing so. Sitting can be difficult, or other symptoms can affect performance and comfort. When this is the case, an experienced VA disability attorney can help get the accurate rating and benefits.
Help With a TDIU Claim Is Available
If your service-connected health condition affects your ability to earn a living, you could be eligible for TDIU benefits, even if the VA previously denied your case. Contact one of the Michigan VA disability attorneys at Legal Help for Veterans for more information on how they can help.