If you return home from military duty with a service-connected disability, you may find the condition is disabling, and you're unable to go back to the work position you held before.For others, the realization that they are unable to work due to their service connected injuries comes many years later. It’s also possible that your disability makes it impossible for you to perform any type of work at all.
If your service injury interferes with your ability to sustain gainful employment, you may be eligible for a disability rating of 100 percent known as Total Disability Individual Unemployability (TDIU).
Determining Factors for Individual Unemployability
The U.S. Department of Veterans Affairs (VA) determines whether a veteran is eligible for TDIU by looking at a few important factors. The main consideration is whether an individual can hold a job that meets the annual poverty level. If not, it’s likely that he or she will be awarded TDIU benefits. Other factors include:
- If the veteran can’t carry out household duties. If 100 percent of a veteran’s employment requires that he perform household duties, and he's no longer able to handle, manage, or perform those duties without significant help, he may be considered unemployable.
- If the veteran is showing a “moderate progression” of the service-connected disability. Even if the veteran worked a prior full-time job with the same type of condition or degree of disability from which he currently suffers after returning from service, that doesn’t negate his eligibility for unemployability now.
- If the veteran has reached the age of retirement. A veteran isn't considered unemployable simply because he’s reached the age of retirement. The determining factor here is whether the age of the veteran and his disability prevent him from working at any job.
- If the veteran is exhibiting behavior or character disorders. If the veteran has a developmental, congenital, or hereditary condition, he may be approved for total unemployability. Even if the condition is less than totally disabling, the nature of the condition may still warrant these benefits.
Contact Cuddigan Law
Cuddigan Law knows each disability claim is unique.
Our experienced VA disability attorneys will examine your specific case to determine if you qualify for unemployability benefits.
Contact us to get help with your VA application to increase your chances of getting an approved claim.