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What Are the Chances of Getting TDIU for PTSD?

What Are the Chances of Getting TDIU for PTSD?

Many Veterans experience post-traumatic stress disorder (PTDS) as a result of their years in military service. As a result, they may be eligible to receive disability benefits from the U.S. Department of Veteran Affairs (VA).

The amount of disability benefits they can receive depends on the severity of their PTSD symptoms and if these disabilities prevent them from gaining regular employment.

Some Veterans are also eligible for Total Disability based on Individual Unemployability (TDIU) after being diagnosed with PTSD. In this guide, we’ll explain the likelihood of qualifying for TDIU for Veterans suffering from PTSD.

If you are a Veteran seeking assistance with your PTSD-related disability claim, consider consulting lawyers for veterans with PTSD to ensure that you receive the support and advocacy you deserve.

What Is PTSD?

According to the American Psychiatric Association, PTSD is a “psychiatric disorder that may occur in people who have experienced or witnessed a traumatic event, series of events, or set of circumstances.

Millions of Veterans involved in direct combat are living with PTSD, whether it’s diagnosed or not.

Here are some of the most common symptoms of PTSD:

  • Reliving: Veterans diagnosed with PTSD may relive past horrific memories, usually during nightmares.
  • Avoidance: PTSD can cause feelings of avoidance, meaning Veterans may associate people and everyday things with negative triggers from their past.
  • Sensory Arousal: PTSD can stimulate hyper-sensory arousal, making Veterans feel constantly anxious and stressed. This can lead to panic and anxiety attacks.
  • Negative Thoughts and Feelings: People living with PTSD may feel suddenly frustrated, depressed, shameful, and hopeless. Their trauma can cause them to isolate themselves away from family, friends, and loved ones.

Every case of PTSD is different. Some Veterans may experience minor symptoms, while others may experience frequent episodes that can affect their work, relationships, and general happiness. 

What is TDIU?

Total Disability based on Individual Unemployability (TDIU) is a special disability benefits status. Eligible Veterans can receive a 100% disability rating, even if their medical issues don’t meet the standard schedule for this rating.

The purpose of TDIU is to compensate people who cannot secure gainful employment because of their disabilities. Veterans can qualify for TDIU if they can’t can’t gain or maintain regular employment because of service-connected disabilities.

PTSD is one example of a service-connected disability that can lead to TDIU. Therefore, Veterans experiencing PTSD may qualify for TDIU if they meet certain conditions as established by the VA.

Standard Requirements for TDIU

A Veteran who suffered major, life-threatening injuries in a war may no longer be able to secure meaningful employment.  The VA will usually grant this warrior TDIU and complete disability benefits. However, Veterans dealing with service-connected disabilities aren’t automatically eligible for TDIU.

Here are the requirements you’ll need to meet for eligibility:

  • First, a disabled veteran must have a current disability rating of at least 60%. Alternatively, they must have a disability rating of 70% when combined with other medical conditions. However, at least one combined condition must reach over 40%.
  • Finally, a Veteran’s PTSD must prevent them from securing long-term, gainful employment. Generally speaking, a Veteran’s PTSD symptoms must be so severe that they can’t work.

There are exceptions to this rule. For example, some Veterans may qualify for TDIU extra schedular consideration. This means that the Veteran can be granted TDIU on the basis that they have to regularly visit the hospital or a medical center.

Logically, if someone has to regularly be admitted to the hospital, they won’t have a large prospect of employment opportunities. As such, they can be granted TDIU under this special consideration.

Being Employed Can Lower Your Chances

The purpose of TDIU is to provide financial support to people who can’t hold down a job. Therefore, it will be difficult to prove to the VA that you qualify for TDIU if you are currently working.

Nonetheless, there is an exception to this rule. If you believe that you will soon be fired or forced to quit because of your disability, you may still qualify for TDIU.

Here is the evidence you’ll need to prove your claim for future TDIU:

  • Timesheets showing the number of days you took off from work.
  • Negative performance reviews.
  • Doctor’s notes and excusal from work slips.
  • Letters from bosses and coworkers that document your inability to work consistently.

You’ll Need Strong Evidence to Support Your Claim

If you plan to submit a claim for TDIU, you’ll need plenty of evidence to back it up. The following items count as evidence you can use to support your claim:

  • Documentation from a Physician: This is perhaps the most significant evidence you can collect. If you can gather evidence that shows you’re dealing with severe PTSD symptoms, the VA may agree with your doctor’s findings.
  • Military Documents: You can also request documents from the U.S. Armed Forces to support your claim. For example, you can request a transcript of an interview you had with a psychiatric professional about your experience in the military.
  • Letter from Employer: If you’re currently employed, your employer can provide key evidence showing your inability to work. For example, if you’re constantly away from work due to manic episodes, your employer can submit timesheets reflecting these absences.

Overall, the evidence you submit will determine the success of your claim. Working with a dedicated VA benefit claims attorney can help you gather sufficient evidence to support your claim and receive TDIU benefits.

What if Your Claim Is Denied?

If your claim is denied, you can file for an appeal. At this point, you should seriously consider hiring an experienced VA benefits lawyer to represent you throughout the appeal process.

An attorney will help demystify the appeal process and fight bravely by your side for the benefits you deserve. The VA isn’t a perfect organization, and they can deny merited cases. Hiring a lawyer gives you the best chance to navigate the appeals process with a desirable outcome.

Contact Berry Law to Discuss Your Chances of Receiving TDIU Based on a PTSD Diagnosis

Overall, your chances of receiving benefits for TDIU after being diagnosed with PTSD can depend on many factors. If you’re worried about your chances and need legal assistance, the skilled legal team at Berry Law is here to help.

If you’re ready to discuss your claim or appeal, give us a call at (888) 883-2483 to speak to a member of our team.

John S. Berry, , Lawyers for Veterans With PTSD
John S. Berry, , Attorneys for Veterans With PTSD
Berry Law

The attorneys at Berry Law are dedicated to helping injured Veterans. With extensive experience working with VA disability claims, Berry Law can help you with your disability appeals.

This material is for informational purposes only. It does not create an attorney-client relationship between the Firm and the reader, and does not constitute legal advice. Legal advice must be tailored to the specific circumstances of each case, and the contents of this blog are not a substitute for legal counsel.

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