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“I am so glad I don’t have to shoulder the burden of fighting for my benefits by myself. There is such a great team at Berry Law Firm to stand shoulder to shoulder with me now.”
– Chet Bennetts, Iraq War VeteranContact Us Now
Veterans who cannot work to earn a living may obtain a total disability benefit – even though the VA has rated their service-connected injury or illness at less than 100 percent. The VA allows the full disability benefits through a program known as Individual Unemployability (IU) or Total Disability Based on Individual Unemployability (TDIU).
Our lawyers can help veterans who have been unable to achieve a 100 percent disability rating with medical records and doctors’ statements. TDIU eligibility has certain disability rating thresholds the veteran must meet, but the final rating decision focuses on the vet’s inability to maintain “substantially gainful employment.”
Berry Law Firm can help qualifying disabled veterans appeal or reopen their existing disability claims and seek TDIU benefits. We work with disabled veterans nationwide to obtain all compensation they are due from the Department of Veterans Affairs.
Veterans who are unable to maintain “substantially gainful employment” due to a service-connected illness or injury are entitled to TDIU. It provides compensation equal to a total disability rating, though the veteran’s objective VA disability rating would be less than 100 percent.
To qualify, a veteran’s disability benefits claim must show that he or she:
The VA will also consider TDIU benefits for veterans who do not meet the minimum disability rating requirements if they demonstrate exceptional or unusual circumstances. This may be that their disabilities directly interfere with their employability, or require frequent hospitalization that makes steady employment impractical.
The VA defines “substantially gainful employment” as “employment at which non-disabled individuals earn their livelihood with earnings comparable to the particular occupation in the community where the veteran resides.
Substantially gainful employment is more than marginal employment, according to VA regulations. The VA defines “marginal employment” as providing income that does not exceed the Census Bureau’s poverty threshold for one person.
In 2016, the Census Bureau poverty threshold was $12,486 for an individual under 65 and $11,511 for an individual 65 or older.
However, disabled veterans who work in sheltered work environments, or are employed by family businesses or self-employed, may earn more than marginal employment income and still be considered for TDIU benefits.
The VA does not consider money a veteran earns through the Veterans Health Administration’s (VHA’s) Compensated Work Therapy (CWT) program as income for TDIU eligibility purposes.
To obtain TDIU benefits from the VA, a veteran’s disability benefits claim must include:
Medical evidence that allows the VA to evaluate the veteran’s current physical and mental condition.
If you are unable to earn a living but the VA has not granted you a 100% disability rating, you may be able to obtain a TDIU benefit. If you meet the qualifications, Berry Law Firm can help you appeal your disability rating and seek TDIU.
Attorneys at Berry Law Firm are veterans who help veterans pursue the VA disability benefits they have earned. We appeal wrongly decided claims on behalf of vets nationwide before VA Regional Offices, the Board of Veterans’ Appeals (BVA), U.S. Court of Appeals for Veterans Claims, and higher courts as necessary. Our attorneys have litigated VA disability claims that have helped establish VA case law.
Founder John S. Berry, Sr. is a Vietnam veteran, and John S. Berry, Jr. is a veteran of Operation Iraqi Freedom and Operation Joint Forge (Bosnia). Other members of our firm are military veterans, as well.
Founded in 1965, Berry Law Firm has helped thousands of veterans get the disability benefits they have earned.
If you are a military veteran eligible for the VA’s TDIU benefit, Berry Law Firm would like to discuss your VA claim with you.
The VA has accredited the lawyers of Berry Law Firm to represent veterans seeking disability benefits, and we have obtained millions of dollars in compensation for thousands of U.S. military veterans. We concentrate on appealing existing claims to obtain higher disability ratings and additional compensation for veterans treated unfairly by the VA disability compensation system.
Several of our attorneys are military veterans, including John S. Berry, Sr., who is a Vietnam veteran, and John S. Berry, Jr., who fought in Bosnia and Iraq. We are veterans serving veterans.
If you deserve a better VA disability benefit, we want you to have it. We do not charge legal fees until we obtain benefit payments for our clients.
PTSD VA Disability Lawyers are Ready to Help You
“I came to Berry Law, and they really helped me. I like helping other veterans, and Berry Law does such a damn good job. They know the system…’cause everything just has to be just so worded, so correct, till you throw it out… So, I owe a lot to Berry Law.”
– Larry Sabata, Army Veteran
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