The Department of Veteran Affairs offers a disability compensation program to certain veterans in which disabled veterans who are unable to work are paid veterans compensation benefits at the 100 percent rate, even though the VA has not rated their schedular service-connected disability at that level.
To receive individual unemployability, the individual must be a veteran who is unable to hold a job as a result of service-connected disabilities and has one disability rated at 60 percent or more, or multiple disabilities, with one rated 40 percent or higher and with a total rating of 70 percent or more.
If a veteran does not precisely qualify for a TDIU rating, it may be possible to qualify for benefits if the veteran can show that one or more of his or her service-connected disability prevents him or her from obtaining employment, regardless of the percentage of the disability rating.
A veteran may receive individual unemployment while working only if that individual is currently employed but earning below the federal poverty threshold or working in a protected work environment in which an employer has made special accommodations for the veteran.
A veteran can receive both Social Security disability benefits (SSDI) and total-disability unemployability (TDIU) simultaneously with no offset. Each program defines disability in a different way and approval for one does not guarantee entitlement to the other. In addition, the Veterans Administration is not allowed to consider age when considering benefits for veterans applying for TDIU or other veterans disability benefits. Even if the veteran is retired, the VA can only consider whether or not the veteran’s service connected disabilities prevent him or her from working.
If your claim for total disability- individual unemployability (TDIU) has been denied and you would like to take the next step and appeal, contact the law office of Michael Monce at (859)344-8090.