For some veterans, maintaining any level of employment is impossible due to their service-related disability. Problems can arise when this condition is not rated as a 100 percent disability by the VA. The end result is veterans who are unable to support themselves but who also do not qualify for maximum benefits under the VA.
Total Disability Individual Unemployability—or TDIU—is a benefit designed to provide additional compensation for those in this position. If you find yourself in this position, it may be time to consider a TDIU claim. You may be able to get the compensation you deserve when you rely on nexus letters for VA disability claims. Let Elite Medical Review Associates advise you of your options today.
What Are TDIU Claims?
If your service-related disability is preventing you from maintaining full-time employment, you might be entitled to additional benefits if the VA rated your condition below 100 percent. TDIU claims provide veterans, who are unable to work, with the maximum amount of benefits available even when their ratings do not reach the 100 percent threshold.
A TDIU claim offers the maximum amount of disability benefits available without relying solely on the rating issued by the VA. Instead, they take into account your inability to work enough to support yourself. If your claim is successful, you will receive the same amount of benefits as if their condition was rated at 100 percent.
Who is Eligible?
Not all veterans are entitled to compensation through TDIU claims. These benefits are designed for veterans who have a service-connected disability with a rating below 100 percent. To qualify for these benefits, a veteran must have a discharge that is not classified as dishonorable. They must also suffer from a service-connected disability that renders them unable to maintain substantially gainful employment.
The same conditions that lead to standard disability benefits can also result in a viable TDIU claim. Benefits may be available for someone with a service-connected disability that is rated at 60 percent or higher by the VA. Alternatively, they might also qualify if they have two conditions that combine for a 70 percent or greater rating, so long as one of the conditions independently is rated at 40 percent.
The most important factor is that the veteran is unable to work due to the severity of their condition. The VA will consider a wide range of factors, including their physical limitations, education, work experience, and the circumstances surrounding the inability to maintain employment.
How We Can Help
At Elite Medical Review Associates, our focus is on providing veterans with nexus letters for VA disability claims. TDIU claims are a little different compared to standard disability cases, but our vocational experts may be able to help.
Typically, anyone seeking benefits for unemployability has already successfully filed their disability case with the VA. After all, this program is designed for individuals with conditions who have previously been rated less than 100 percent. This means our primary purpose—establishing a connection between your disability and your service—has already succeeded when you consider a TDIU claim.
That said, we are still able to assist with these cases in some situations. Our medical consulting firm can offer the support of our vocational experts to assist with your TDIU claim. They can assess your employability and write a nexus letter to the VA that supports your claim that you are unable to work. This might be the piece of evidence needed to succeed in maximizing your benefits.
What Other Evidence is Used in a TDIU Case?
Nexus letters written by vocational experts are often the most powerful evidence available in these cases. However, veterans have the opportunity to provide other statements and documentation that might strengthen their case further.
Your first step is likely to provide a statement to the VA regarding your inability to work. This written statement should be in your own words, and it could spell out the ways that your disability has hampered your ability to earn a living. It can include details about the jobs you are no longer able to perform as well as any sources of income you were forced to give up due to your condition.
In addition to writing your own statement, you also have the opportunity to have other people write on your behalf. Known as lay evidence, these statements are written by someone other than medical or vocational experts that are familiar with your work history and your health. Often, these statements come from former employers, co-workers, and family members familiar with how your condition has impacted your employability.
What matters is that the evidence provided establishes that your service-connected disability has prevented you from maintaining gainful employment. Any documentation or statement that helps with making this case could improve your chances of success. Reach out to Elite Medical Review Associates as soon as possible to learn how we might be able to provide nexus letters for VA disability claims, including vocational experts in TDIU cases.
Can I Work If I Receive TDIU Benefits?
There are some limitations to be aware of. For example, there are work restrictions linked to TDIU claims that are different from standard disability rules. The VA prohibits a person from collecting TDIU while also performing gainful employment. This should come as no surprise, given that these benefits are based on a person’s inability to earn a living.
It is worth noting that not all jobs qualify as gainful employment. In fact, you can work to some degree and earn a limited income while also qualifying for TDIU. Your benefits are only in jeopardy when your earnings are enough to qualify as gainfully employed.
The status of gainful employment is tied to the poverty level as defined by the U.S. Census Bureau. If a veteran earns enough money to be above the poverty line, they will no longer qualify for TDIU compensation. Anything below the poverty line is known as marginal employment, and it is allowed for TDIU recipients.
Protected Work Environments
You might still qualify for TDIU even if your earnings place you above the poverty line. This is possible when your job is considered a protected work environment. There is no clear distinction on what qualifies as a protected work environment, but it generally involves a workplace that goes well beyond what is required for accommodating a person with a disability. This can take different forms, including:
- Relaxed attendance requirements, including extended absences
- Tolerance for behavior-related issues
- Being excused from certain aspects of a position
- Lower productivity standards
The most common example of a protected work environment is a family-owned business, given that this type of flexibility is rarely offered with larger employers. When the VA determines a person is employed in a protected work environment, there are no limits on what they are allowed to earn while also receiving TDIU payments.
TDIU vs. 100-Percent Disability
It is easy to confuse an award of TDIU benefits with a disability rated 100 percent by the VA. After all, each of these options has a lot in common. The payment amounts are the same, meaning that if you qualify for TDIU you will receive payments in the same amount as if your disability had been rated at 100 percent. This is true even though your condition is below the 100 percent threshold needed for maximum benefits.
There are two important areas where these options differ: how you qualify and the extent to which you can work while receiving benefits. Although there are some limitations on your ability to work while receiving TDIU, that is not the case with a 100 percent VA rating. You are able to recover the maximum amount of benefits available while still maintaining employment with a 100 percent rating if you are physically able to do so.
The qualifying criteria is also different. Receiving a 100 percent rating for one or more conditions is all it takes to get a maximum amount of compensation. To qualify for TDIU, you have a lower rating threshold to meet but must provide additional evidence that you cannot work due to your condition.
Seek Assistance with Your Appeal – Call Our Medical Consulting Firm Today
If you are unable to work but have not had your condition rated at 100 percent by the VA, you are in a challenging position. You are not receiving the maximum amount of benefits offered through a disability claim, but you also cannot work enough to provide for yourself or your family.
At Elite Medical Review Associates, our vocational experts could provide you with a VA nexus letter that supports your unemployability claim. This can provide you with the evidence necessary to maximize your benefits. Contact us as soon as possible to learn how our medical expert services can help.