No. Frequently, Veterans who are unable to work due to their service-connected disabilities are told by the VA that they are ineligible for VA unemployability because their service-connected disabilities are rated less than 70 percent. This is incorrect. Regardless of what percentage a Veteran is assigned, if the service-connected disabilities prevent a Veteran from working, they must be paid total disability individual unemployability.
Common Misinterpretation Regarding VA Unemployability (TDIU) Eligibility
The confusion arises because VA officers and Veterans service officers misinterpret the VA's regulations to stipulate the following criteria for Veterans seeking unemployability benefits:
- If a Veteran has one service-connected disability: The disability must be rated at least 60 percent or higher.
- If a Veteran has two or more service-connected disabilities: At least one disability must be rated at 40 percent or higher.
The combined disability rating, after considering all other disabilities, must be 70 percent or higher.
It is a misconception that Veterans who do not meet these percentage requirements should not apply for VA unemployability benefits. That is because VA regulations also state, "It is the established policy of the Department of Veterans Affairs that all Veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled."
Ensuring VA Unemployability (TDIU) Claims for Veterans with Service-Connected Disabilities
In order to ensure compliance and accuracy, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of Veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth [above]. Thus, any Veteran, regardless of the underlying percentage, should apply for the unemployability if they are not working and provide evidence to prove your service-connected disabilities.
The only difference is that if a Veteran does not meet the percentage threshold of 70 percent, the Regional Office doesn't decide the case, it is referred to the Washington DC office. However, the Washington, D.C., office will grant the claim if you present it correctly.
Contact Our VA Benefits Lawyers for Your Help and Support
Sean Kendall's Veterans law firm has helped many U.S. Vets win their unemployability appeals through the central office referral process. Moreover, the Board of Veterans' Appeals has the power to grant an unemployability claim even if a Veteran doesn't meet the threshold rating, and will often grant the claim without referral to the central office. If you need help with your VA Unemployability benefits, please fill the online contact form or call us at 877-629-1712 to receive a prompt response.