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VA INDIVIDUALIZED UNEMPLOYABILITY

Obtain Total 100% VA Disability by Proving VA Individualized Unemployability

Have you been rated below 100% for service connected disability and are unable to work?

We can help.

Understanding
VA Individualized Unemployability

VA Individualized unemployability provides veterans a path to obtaining 100% VA disability if the veteran is unemployable due to a service connected disability.

There are two types of Total Disability Based on Individual Unemployability (TDIU), scheduler and extraschedular.

Scheduler TDIU is available if a veteran has one service connected disability that is 60% or higher, or a combined 70% VA disability with at least one disability at 40%.

The veteran must also show inability to engage in substantial gainful employment due to their service connected disabilities.

Extrascheduler TDIU provides 100% for any veteran that is unemployable due to service connected disabilities regardless of rating.

The extra step required to receive extrascheduler TDIU is that the Director of Compensation at VA must approve the grant. This can add considerable wait time to the of a claim.

We Focus On
TDIU Cases

%

Success Rate

The key to winning a TDIU case is showing the VA exactly how the combination of disabilities inhibit the ability to participate in substantial gainful activity. 

Did You Know?

If evidence shows that a veteran cannot work due to their service connected disabilities, they automatically qualify for 100% disability.

How is Eligibility for Scheduler TDIU Determined?

For the purposes of determining eligibility for scheduler TDIU, disabilities affecting the same body system are considered to be one disability.

For instance, if a veteran is rated for a back injury and such back injury causes lower left extremity radiculopathy and lower right extremity radiculopathy, for purposes of scheduler TDIU, all three disabilities will be combined to determine eligibility for scheduler TDIU.

Substantial gainful employment is defined as employment that pays, on a yearly basis, more than the Federal poverty line. Employment is also considered not to be substantial gainful employment if such employment is in a sheltered workshop.

At Nabors Law Group we use a combination of lay statements, medical experts, and vocational experts to prove unemployability.

VA Individualized Unemployability

A Note About
Sedentary Employment

Sedentary employment is a buzzword that the VA loves to use when denying TDIU.

The VA’s argument usually is that the veteran can perform a job, despite their service connected disabilities, if they are able to sit all day.

There are numerous reasons that a veteran’s service connected disabilities can prevent them from doing sedentary employment.

Veterans service connected for PTSD, depression, or other mental disabilities often cannot focus for eight hours a day, which is required for most sedentary employment positions. A similar impact is felt for veterans who have migraines, as they often are forced to lay down for an extended period of time to manage a disability.

A variety of conditions that can caused nerve damage that can prevent veterans from being able to sit for eight hours.

Let us tell the detailed story to the VA on how your service connected disabilities impede your ability to engage in substantial gainful employment.

Important Tips On
VA Individualized Unemployability

Obtaining a 100% VA Rating Is Possible

It is possible to obtain 100% VA disability if a veteran is unable to secure employment due to service connected disabilities.

The VA Combines Disabilities

The VA looks to the combination of all disabilities when determining entitlement to individual unemployability, not each disability alone.

VA Disability Qualifications for Low Income Veterans

If working at or below the poverty line, veterans can still qualify for TDIU

“I can tell you hands down that I would recommend Mr. Nabors to any veteran who has trouble getting what he deserves!! Every angle that was thrown to deny me he was able to counter and won my case for me!!! His team kept informed of every single detail!! He has a veterans mentality of never, ever giving up!! Highly, highly recommended!!’

-Delbert Felix

Did you know?

Appeals must be filed within a year of the initial decision.  Missing the year period to appeal could cause you to lose retroactive pay which could be worth tens or hundreds of thousands of dollars.

Avoid the Headaches and Uncertainty of Pursuing Each Claim Yourself

Contact us for a free, no obligation case review.