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In short, a veteran who can't work due to service connected disabilities may be entitled to Total Disability due to Individual Unemployability (TDIU). This benefit is commonly referred to simply as unemployability. This is a great benefit that pays at the 100% rate, which is nearly $3,000 for a single veteran. As you might guess, this is a potentially large benefit so the VA fights having to pay. First, they frequently don't makes veterans aware of it. Second, they try to deny that the veteran is actually unemployable without any reasonable basis. We regularly have to challenge the VA on their denials of unemployability and we have had a lot of success in forcing the VA to pay this benefit. Below is additional information on the basic rules for qualifying for unemployabilty. Contact our veterans disability attorneys if you think you may qualify or have been denied.
A veteran must be unable to maintain substantially gainful employment as a result of his/her service-connected disabilities. Additionally, a veteran must have:
Special consideration will be given to veterans when the following criteria is met:
Note 1: Veterans may have to complete an employment questionnaire once a year in order for VA to determine continued eligibility to Individual Unemployability.
Note 2: Veterans already receiving IU occasionally receive a notice from the VA that they are ordered to another Compensation & Pension (C&P) examination to evaluate "improvement" in their condition. If the examination indicates sufficient improvement the VA make take away the IU benefits. If you receive this type of notice you contact our veterans disability attorneys immediately for advice on how to proceed.
The first step towards adjusting to life after a wartime injury is to contact a skilled veterans disability attorney.