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.
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:
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.
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.
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:
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.
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:
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:
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.
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.
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.
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