Veterans who are unable to work or who cannot maintain gainful employment due to a service-connected disability could be eligible for Total Disability Individual Unemployability (TDIU) benefits.
The attorneys at DisabledVets.com are dedicated to protecting the rights of disabled veterans who are unable to work. You could be eligible to receive 100% disability benefits if it can be proven that your service connected disability prevents you from working.
Our attorneys understand the sacrifices you’ve made on behalf of our country. As a disabled veteran himself, lead attorney George Sink, Sr. has seen firsthand the VA disability process. He now uses the knowledge he gained to help other veterans pursue the maximum monthly payments that they are eligible for.
If you believe that you may qualify for TDIU benefits, turn to a team that knows how to help you get them. Contact us by phone or online now to schedule a free case review with a knowledgeable member of our team.
What Is TDIU Benefits?
A veteran may be entitled to 100% disability benefits if they can demonstrate that a service-connected disability or disabilities prevent them from working or keeping a job. The VA’s name for these types of claims is referred to by the acronym, TDIU, which stands for a Total Disability rating based on Individual Unemployability.
Many people mistakenly believe that a TDIU rating can only be met if the veteran meets or exceeds a specific percentage disability requirement. The VA’s own language on these benefits is responsible for most of this confusion, and many vets are not aware that they may be eligible to claim these benefits.
In reality, any veteran whose service-connected disabilities prevent them from working could be eligible for TDIU benefits at any time, regardless of their percentage of disability.
Total Disability Individual Unemployability Benefits: Injuries and Conditions Eligible for TDIU
It is vital to note that only service-connected disabilities and conditions will qualify a veteran to receive TDIU. Conditions that are not related to service do not count. Any primary or secondary service-connected injuries will be considered however.
A good example of this is a blow to the head during combat that results in a traumatic brain injury. If the veteran suffers headaches or seizures due to that service-connected injury, and the Veteran is service connected for the head injury, the headaches and the seizures, all three of those conditions can be relied upon to prove eligibility for TDIU benefits.
There are also “extra-schedular” considerations that the VA may take into account when approving TDIU applications. For example, a veteran who can demonstrate frequent hospitalizations might qualify for TDIU. Even if the condition that the person is seeking treatment for is not rated highly enough to get approval, the fact that the veteran is forced to seek frequent hospitalization and cannot meet the demands of a steady job might make them eligible for TDIU.
TDIU Benefits Eligibility in Kentucky
While unemployability is usually determined on a case-by-case basis, the basic criteria for TDIU eligibility in Kentucky are as follows:
- The veteran must be unable to secure or sustain substantially gainful employment.
- The veteran’s service-connected disabilities must be the primary reason that they cannot secure or follow substantially gainful employment.
It is important to know that TDIU benefits may not be permanent. The VA may require you to undergo medical examinations on a regular basis to determine if you are still unable to work. If you begin working again and are able to sustain substantially gainful employment, the VA will consider discontinuing benefits or may adjust payments to the level of your combined disability rating.
How to File for TDIU in Kentucky
If you believe that you may qualify for TDIU benefits, there are three primary ways to file your claim. You will first have to fill out VA form 21-8940, which is the Veteran’s Application for Increased Compensation Based on Unemployability.
On the form, you will have to answer questions including:
- How your service-connected injury has impacted your ability to work
- The date that your disability prevented you from working
- If you’ve been hospitalized or have sought medical care within the past 12 months
- Employment history for the past five years
- Any work-related training or education that you’ve received (before and after becoming too disabled to work)
The three ways to file your TDIU claim are:
- You can file with the assistance of a lawyer or a VA claims agent.
- You can file in person at your local VA office. The list of VA offices in the state of Kentucky can be found on the VA’s website.
- You can apply through the Department of Veteran’s Affairs E-benefits portal on their website.
Because the claims process can be complicated and any mistake or omission on your application could result in denial of benefits, it is a good idea to consult with an experienced VA disability lawyer before filing a TDIU claim.
Contact a Veterans Disability Attorney in Kentucky to Help Get TDIU Benefits
Unemployability is a significant issue for veterans in Kentucky and across the country. TDIU benefits can be a huge help for veterans who are not able to work. The attorneys at DisabledVets.com know the VA laws and can help you appeal if the VA wrongly denies your claim. It is our goal to get you the benefits that you need and are owed.
Navigating the VA claims process is often more challenging than many people realize. But with our assistance, you could get the full benefits that will help you support yourself while you are unable to hold down a job.
Our lawyers will not charge you a thing until we secure benefits on your behalf. There is no risk to call us, so reach out by phone or contact us online to schedule a free case review with one of our experienced veterans’ disability lawyers now.