The "Back Door" to VA Benefits

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How did Malcom outsmart the VA?

Malcom Harrison is a USAF veteran and former law enforcement officer who was trying to obtain VA disability benefits.

Except he quickly realized the system was set up in such a way that for a lot of veterans, it was hard to understand.

Learn how Malcom managed to get his benefits and what he learned along the way in another episode of our Veterans Stories series.

Attention: Have You Been Exposed to PFAS Contaminated Water?

If you or a loved one has been diagnosed with any of the following:

• testicular cancer

• kidney cancer

• ulcerative colitis

• liver cancer

• pancreatic cancer

• prostate cancer before age 50

you may be entitled to compensation.

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The Back Door to 100% VA Disability: Understanding TDIU

Achieving a 100% VA disability rating can be challenging. 

However, there's an often overlooked "backdoor" that can help veterans receive the benefits they deserve: Total Disability Rating Based on Individual Unemployability (TDIU or IU for short).

What is TDIU?

TDIU allows veterans to receive compensation at the 100% disability rate if their service-connected disabilities prevent them from maintaining substantially gainful employment, even if their combined disability rating is less than 100%.

How to Qualify for TDIU

There are two main paths to qualify for a 100% schedular rating:

1. Service-Connected Disability: You have a single service-connected disability rated at 100%.

2. Total Disability Based on Individual Unemployability: Your service-connected disabilities prevent you from working, regardless of your combined rating.

Not able to work because of your VA disability? We win 96% of the cases we have decided to pursue. Get a free case evaluation now.

Eligibility Criteria for TDIU

To be eligible for TDIU, you must demonstrate that your service-connected disabilities prevent you from securing and maintaining substantially gainful employment. 

This means your income must be below the poverty level due to your service-connected conditions.

Veterans with One Service-Connected Condition

Must be rated at least 60% for that condition.

Veterans with Multiple Service-Connected Conditions

Must have one condition rated at least 40% OR the combined rating of all conditions must be at least 70%.

Important Considerations for TDIU Claims

• Service-Connected Disabilities Only: The VA can only consider disabilities that are already service-connected. For example, if you have service-connected knee and back conditions but also suffer from PTSD (which you have not yet service-connected), only the knee and back conditions will be considered for TDIU until the PTSD is service-connected.

• Exclusion of Non-Service-Connected Disabilities: Non-service-connected disabilities are not considered in TDIU determinations. For instance, if you have a service-connected PTSD rated at 70% and a non-service-connected back disability, only the PTSD will be considered.

• Age is Not a Factor: The VA cannot consider your age when determining TDIU eligibility. This ensures that older veterans are not unfairly denied benefits.

Proving Unemployability

To prove unemployability, you need to provide evidence that your service-connected disabilities prevent you from working. 

This can include:

• Medical records detailing the severity of your conditions.

• Statements from treating physicians.

• Evidence of how your disabilities impact your daily life and ability to work.

Common Mistakes to Avoid

• Incomplete Documentation: Ensure all your service-connected disabilities are well-documented.

• Lack of Nexus Letters: Obtain detailed nexus letters to establish a clear connection between your disabilities and your inability to work.

• Relying on Non-Service-Connected Conditions: Focus on proving unemployability based solely on service-connected conditions.

TDIU offers a vital pathway for veterans who cannot work due to service-connected disabilities to receive compensation at the 100% disability rate. 

Understanding the eligibility criteria, providing comprehensive evidence, and avoiding common mistakes can significantly enhance your chances of a successful TDIU claim.

Our legal team breaks down everything you need to know about TDIU in a comprehensive video. Check it out!

🗺️ TACTICS

For the next few weeks, we hope to share your VA benefits and claims knowledge with others!

Give us some feedback to the question below, and we’ll share it with everyone next week and you can see live results to the questions when you answer!

For last weeks VA disability benefits trivia question, the question was: Which VA benefit program had the highest number of participants? The answer was (B) Education and Training.

One Veterans Story to 100%: A Hill & Ponton Case Study

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