A Vietnam Era Army Veteran, who served his country honorably, was awarded Individual Unemployability and Post Traumatic Disorder (PTSD) back dating to 2008, after a 2015 hearing.
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Having served honorably during the Korean conflict Era, an Army combat veteran was awarded 100% effective 2010 Anxiety Disorder and Individual Unemployability, based on multiple appeals filed, but never needed to attend a hearing.
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*Amounts stated are before deductions for attorney’s fees and payment of costs.
The Veterans Administration (VA) gives you Limited Time (time frames vary by case) to appeal their decision, so it is important to act fast and secure the help of an attorney or veterans representative. The Legal Team at Injured Veterans provides quality legal help for veterans and their families in all federal veteran benefits matters. Our practice involves representing veterans and their dependents in appeals of denial of benefits from the Department of Veterans Affairs.
IMPORTANT: Did you know that veterans, who have a rating of less than Extra-Schedular 100%, could be granted the equivalent, if a service-connected disability prevents them from obtaining gainful employment, through Total Disability Individual Unemployability (TDIU) compensation from the Department of Veterans Affairs (VA)?
All veterans not able to secure a job by reason of a service-connected disability may be able to be rated totally disabled … regardless of whether or not they meet the minimum rating thresholds.
The rating thresholds are defined as follows:
Stipulates that a veteran must have a single disability rating of 60 percent OR a combined rating of 70 percent or higher for two or more disabilities, with one of them rated at least 40 percent.
States that if a veteran’s disability does not meet the Schedular criteria, the veteran may still be considered under the Extra-Schedular rating, if they have an unusual or unique disability. In order to qualify, a veteran must demonstrate that their symptoms are rare, unusual, and exceed what’s expected for that rating code.
Q: What constitutes “a substantially gainful occupation”?
A: Employment that provides a veteran with an annual income that exceeds the poverty threshold for an individual.
Q: Who is authorized to make awards of Total Disability Individual Unemployability?
A: The VA Regional office and Board of Veterans’ Appeals can refer claims to the Director of the Compensation and Pension Service of the Under Secretary for Benefits for consideration of an Extra-Schedular rating.
Veterans are encouraged to submit VA Form 21-8940, Veteran’s Appeal for Increased Compensation Based on Unemployability to file for TDIU. Dealing with the VA can be very time consuming and complicated.
If your TDIU claim was denied outright or if you need representation to appeal your TDIU claim, then Injured Veterans is here to help you. We represent veterans nationwide and our law firm, Gordon & Partners, P.A., has a comprehensive legal team standing by to take your call.