We all know that working in a job involving physical labor becomes more difficult as you get older. Age-related aches and pains can easily make it hard to sit, stand, bend, and lift. However, age is not allowed to be considered as a factor when a Veteran is seeking Total Disability Individual Unemployability (TDIU) benefits.
How to Receive TDIU Benefits
To be eligible for TDIU, you must have a single service-connected disability rated 70% or higher. If you have multiple service-connected disabilities, your disabilities must have a combined rating of 70% or higher with one service-connected disability rated at 40% or higher. If you meet these criteria, your education, skills, and work history will be evaluated to see what types of work you could previously perform. Then, your physical and mental limitations will be evaluated to see if you can still be employed in a suitable occupation.
TDIU claims typically involve several forms of evidence to document a Veteran’s inability to work. This includes a Veteran’s own descriptions, as well as buddy statements, medical records, Compensation and Pension (C&P) examinations, and testimony from vocational experts.
Receiving TDIU and SSDI
Although age can’t be considered in TDIU claims, it often proves an important factor in receiving Social Security Disability Insurance (SSDI) benefits. The Social Security Administration (SSA) recognizes that it is harder for older adults to train for new jobs and is more likely to approve disability claims for applicants age 50 and older.
You need to apply for SSDI separately, but this is certainly one strategy to consider if you are finding it difficult to receive TDIU and feel that your age is affecting your ability to continue working. To learn more, you should contact an attorney experienced in preparing SSDI claims. Veterans benefits attorneys only handle VA disability applications.
How We Can Help
If you’ve been denied TDIU benefits for your service-connected disability, the office of Sean Kendall, Attorney-at-Law, can represent your interests throughout the appeals process. Contact us today to schedule a free, no-obligation consultation.
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