The Department of Veterans Affairs (VA) has various rating scales for different conditions. Under most circumstances, former servicemen and women whose injuries or illnesses prevent them from working are eligible for a wide range of benefits. These benefits sometimes take the form of a 100% disability rating or, if a 100% rating is out of reach, Total Disability Individual Unemployability (TDIU) compensation. In special or otherwise unusual cases, the VA can exercise its authority to award “extraschedular” TDIU to applicants who wouldn’t be eligible for other programs.
However, as many Veterans will attest, filing the paperwork for an extraschedular TDIU claim is often the easiest part. You don’t have to go in blind. If you’re planning to apply for TDIU, or think it’s time to put it in an appeal, contact Sean Kendall, Attorney at Law, today to speak to an unemployability claims for Veterans lawyer and schedule your 100% free, no-obligation consultation.
Basic Rules of TDIU
As a general rule, the VA will almost always ask TDIU applicants to provide extensive documentation of their injuries, work performance, and employment history. Anything you submit must be substantiated, but you can still obtain benefits if you fulfill all of the following eligibility criteria:
- You must have left the armed forces with an other-than-dishonorable discharge.
- You must be found unable to gain or retain what the VA terms “gainful employment”.
- You must have a service-connected disability that’s rated at least 60% or multiple conditions with one rated 40% or more and a combined rating no lower than 70%.
The last point is often the most challenging, but the VA can award extraschedular benefits to Veterans who wouldn’t otherwise qualify for 100% disability compensation or ordinary TDIU.
Extraschedular TDIU as an Alternative to TDIU Benefits
These are sometimes awarded to Veterans whose ratings don’t accurately reflect either the severity of their symptoms or the impact their condition has upon their employment prospects. However, all extraschedular TDIU claims are assessed on a case-by-case basis, and Veterans must be prepared to establish that their condition is in some way more disabling than expected.
Collecting the Right Evidence for Your Extraschedular TDIU Claim
You must prove that your disability affects your life and employability beyond what your rating might suggest. Most Veterans do this by:
- Requesting an increased rating.
- Appealing a denial.
- Asking the VA to revisit your ratings.
After you’ve submitted your initial claim, it’s sent to your regional VA office for review. This part of the process can take a long time, as the department is required by law to exhaust every other possibility before awarding extraschedular benefits.
Eventually, the VA will make a decision that will consider the content and quality of the content and quality of the evidence you submit. It must be dependent on the facts and circumstances of your case, including but not limited to some of the following documentation.
Medical Evidence
The VA can only award disability benefits, including TDIU, if you prove you’re disabled and that your condition has a demonstrable service connection. Hospital reports, diagnoses, and test results are integral to the success of your claim, provided that they’re relevant.
Service and Employment Records
You can’t receive TDIU if you’re dishonorably discharged. You’ll need service records to prove this. Additionally, if you worked in a civilian occupation before or after joining the military, you may be able to use your resume and references to demonstrate how your employment has been affected.
Buddy Letters
A buddy letter is a form of lay evidence. Effective buddy letters emphasize why your condition is unusually disabling, but they could fall flat if they aren’t written to the VA’s expectations.
Expert Testimony
Expert statements—whether from a physician or mental health professional—can be used to reinforce your application. For instance, testimony from your doctor could help convince the VA that your condition and its symptoms will likely prevent you from obtaining gainful employment.
Documentation of Your Current Work Conditions
You don’t have to be unemployed to obtain TDIU. In fact, some Veterans with jobs—including those who are self-employed—can qualify for extraschedular benefits, provided that their workplace is either protected or sheltered.
At Sean Kendall, Attorney at Law, our dedicated team shares more than 30 years of experience helping Veterans avoid common TDIU mistakes and pursue the benefits they deserve. Trust us to guide you through this process with integrity and diligence.