If a veteran cannot work due to their service-connected disabilities they are eligible for Total Disability based on Individual Unemployability, commonly referred to as TDIU. The most important phrase in the previous sentence is definitely “service-connected disabilities.” A veteran can have all kinds of conditions that prevent them from working but if they aren’t service connected the VA will not grant TDIU.
In addition to having service-connected conditions that prevent work, the veteran also must have at least a 70% combined rating (with at least one rated at 40% or higher) OR one disability rated at 60% or higher. (For more on ratings see my blog post about these). It is also possible to get TDIU if the disability is at the maximum rating allowed, which is lower than 60%, but that disability prevents work. Here’s an example: the maximum rating for headaches is 50%, so you might think that rating is too low to get TDIU. However, if the headaches are what prevent work (as shown by the evidence and law, developed by your attorney Catherine Cornell, aka yours truly) the VA will grant TDIU on what’s called an “extraschedular” basis. Don’t put too much thought into that particular word because all it means is that the veteran’s condition does not meet rating requirements to get TDIU but it’s rated as highly as possible, and prevents work.
A veteran can actually work and also receive TDIU but the situations are very specific. If they work in a “protected work environment” or “sheltered” workshop they can be considered unemployable by the VA. A common example of this scenario is when the veteran works for a family member or close friend. That person fully understands the veteran’s service connected disability and accommodates them by letting them work when they can, leave early, come in late, do only certain jobs, etc. Another example is if the veteran is self-employed and works only when they can and sets their own schedule. The caveat to this is if the veteran is managing to earn a decent salary for themselves. In this case it is highly unlikely the VA will agree the veteran is eligible to receive both that high amount of money and unemployability also. This is because the very fact the veteran can earn that contradicts the veteran’s argument that they are limited in what they can do in terms of work.
Questions? I have succeeded with many TDIU cases – these often need to be developed and the law pointed out to the VA. I can help! Reach out any time. 708.668.6996 or catherine@veteranspractice.com.