When service connected disabilities make it impossible for you to continue your current career, you may be entitled to additional VA disability compensation called “Total Disability Due to Individual Unemployability,” or TDIU. When granted TDIU, VA pays you at the 100% rate, even if you do not have a combined rating of 100% for your service-connected conditions.
VA Decides Individual Unemployability Claims Based Upon The Veteran’s Own Experience, Not a Generic “Rating Criteria”
You may be granted TDIU based upon the effects of one service connected condition, or based upon the effects of multiple service-connected conditions. Generally, you must meet certain minimum rating criteria to qualify for individual unemployability. However, when processing individual unemployability claims, VA will look at several factors, including your education and employment history, when determining whether you are entitled to TDIU. Importantly, VA currently cannot consider your age when determining whether you are able to “maintain substantially gainful employment” — this means you can be granted TDIU regardless of whether you think you are “too old to work.” It is important to seek the assistance of a skilled advocate when pursuing a claim for TDIU.
Because individual unemployability claims are decided based upon your individual circumstances, the assistance of a skilled advocate in the preparation of your claim can be important. A veterans law attorney can help you develop the relevant facts and tell your story to the VA rater assigned to your case.
If VA has denied your claims for individual unemployability, you should contact Veteran Esquire Legal Solutions, PLLC, to see if we can help you continue your appeal. The Firm fights to ensure your due process rights are protected so that VA processes your TDIU claim accurately and fairly. The Firm’s attorney has represented Veterans from across the country with claims for individual unemployability, and hopes to speak with you regarding your Individual Unemployability appeal.