VA Individual Unemployability Denials
You may be eligible for Total Disability Individual Unemployability (TDIU) benefits if you are a veteran who can’t work due to service-connected disabilities. That may be the case even if the VA has denied your TDIU application.
At Bassett Murray Law Group, PLLC, we help veterans appeal VA individual unemployability denials. We serve veterans world-wide. And offer telephone, video and in-person consultations. Call 734-930-9200 to schedule your consultation with a VA denials lawyer.
Who Is Eligible for TDIU Benefits?
TDIU pays the same as a 100% VA Disability rating. If you qualify for veterans disability benefits, you may be eligible for TDIU as well. If you are eligible for TDIU, your benefits might exceed $3,621.95 a month. There is additional compensation if you have dependent children or parents.
To qualify for TDIU benefits, you must:
- Be a veteran
- Have a service-connected physical or mental disability or impairment
- Not have been discharged dishonorably
- Have one service-connected disability rated at 60% or two disabilities, one of which is rated at 40%, with a combined rating of 70% or more
- Be unable to maintain substantially gainful employment due to your service-connected disability
Note that odd jobs and other marginal employment don’t usually qualify as substantially gainful employment for VA purposes.
Secondary service-connected disabilities also count towards your TDIU claim. For instance, if you developed diabetes after exposure to Agent Orange, all conditions stemming from diabetes, such as high blood pressure, will be service connected.
What To Do After a TDIU Denial?
Don’t be discouraged by a denial: VA individual unemployability denials aren’t final. The VA routinely rejects legitimate claims, and many of those applicants end up winning on appeal. If the VA denies your TDIU benefits application, your first step is to call Bassett Murray Law Group PLLC so that we can assist in appealing the decision. You have one year from the date of the denial to appeal.
If the VA denies your application a second time or you miss the deadline for filing an appeal, you can always re-apply. There is no cap on how many applications you can make.
How We Can Help
The TDIU appeal process is complicated. There many rules and regulations that come into play, and gathering and presenting medical evidence can be complicated.
That’s why you should have an experienced attorney fighting in your corner. At Bassett Murray Law Group, PLLC, we can support your TDIU appeal by:
- Reviewing all available evidence and highlighting relevant evidence to build a solid case
- Locating gaps in the medical evidence and identifying additional medical tests or opinions that are needed to be successful
- Preparing and filing all necessary paperwork by the required deadlines
- Arranging expert testimony by independent doctors, psychologists, and vocational experts
- Advising you on the relevant legal codes, case law, and VA regulations
- Challenging the evidence presented by the VA
Talk to an Experienced Michigan TDIU Appeal Lawyer
At Bassett Murray Law Group, PLLC, we have experience and success helping veterans world-wide appeal VA individual unemployability denials. Call 734-930-9200 or contact us online to schedule your consultation with a TDIU attorney.