INDIVIDUAL UNEMPLOYABILITY (IU)
Where one or more service-connected disabilities prevent a veteran from maintaining substantially gainful employment, he or she is eligible for total disability compensation referred to as individual unemployability (IU) or a total disability rating based on individual unemployability (TDIU) even with a combined VA disability rating of less than 100 percent.
This rule is designed to further the VA's regulatory policy of ensuring that any veteran who is unable to maintain substantially gainful employment due to service-connected disabilities is rated totally disabled for compensation purposes.
Substantially Gainful Employment
Substantially gainful employment is employment that enables a veteran to earn income above the poverty threshold for a single person. This means that even employed veterans with earnings below that threshold may qualify for individual unemployability benefits.
Two ways to obtain total disability compensation with a rating below 100 percent:
Schedular consideration applies to veterans with either a single disability rated at least 60 percent or a combined disability rating of 70 percent with one disability rated at least 40 percent.
Extraschedular consideration applies to veterans who do not meet the qualifications for schedular consideration. Winning an unemployability claim that receives extraschedular consideration requires finding that a veteran has such an exceptional or unusual disability picture with such related factors as marked interference with employment or frequent periods of hospitalization as to render impractical the application of the regular scheduler standards.
I can help you win your claim and maximize your benefits.
I will bring any VA errors to light. Whether receiving schedular or extraschedular consideration, a successful unemployability claim requires carefully analyzing a veteran's total disability picture in light of the law's many nuances. For example, the VA considers only how service-connected disabilities impact a veteran's ability to work when deciding an unemployability claim, excluding any disability that is not connected to service from its employability determination. And while the VA is required to consider a veteran's employment qualifications, it is not allowed to consider other seemingly relevant factors including how a veteran's age impacts employability or what jobs are actually available in a given area. I know what factors the VA is supposed to consider, and I'll make sure that the standard is met in your case.
I will seek to maximize your benefits under the law. When a veteran files a disability claim, the VA is also required to infer a claim for TDIU if the record reasonably indicates that the veteran may not be employable due to service-connected disabilities. I will carefully analyze your claims file and determine whether the VA overlooked its duty to consider your eligibility for TDIU, as you may be entitled to back pay beginning on the date you filed a claim reasonably indicating that you may be unemployable.
I will work with independent vocational experts and medical examiners to obtain fair and impartial evaluations to support your claim. Obtaining such reports is often essential to winning an unemployability claim.
If you think that the VA erred by denying your claim or that you've otherwise discovered an error on part of the VA, let's talk about your case. Call, e-mail, or click the link below to schedule a free consultation.