What Do I Do if My Rating Isn’t High Enough? An Attorney’s Quick Guide to Getting TDIU

Navigating the path to obtaining a Total Disability Individual Unemployability (TDIU) rating from the VA can be a complex journey for veterans. 

Despite the challenges in securing a 100% schedular rating, TDIU presents an alternate route for veterans whose service-connected disabilities inhibit their ability to obtain or maintain gainful employment.

Understanding TDIU: A Gateway to 100% Rating

TDIU is designed to assist veterans whose service-connected disabilities don’t meet the criteria for a 100% rating on VA’s rating schedule but still render the veteran unable to work. 

This benefit recognizes the profound impact certain disabilities, even those not rated at 100%, can have on a veteran’s employment capabilities.

Qualifying for TDIU

Qualification hinges on the severity of service-connected disabilities and their impacts on employment, not just the numerical rating. 

Crucially, what constitutes a “single disability” can encompass multiple conditions if they affect both arms or legs, stem from a single incident or disease, occurred in action, or are related to being a prisoner of war. 

This broader interpretation opens the door for more veterans to qualify for TDIU.

TDIU represents an opportunity for veterans to maximize their disability compensation.

Learn more about how it could benefit your situation by clicking below for further information.

Click here to learn all you need to know about IU benefits

The Path to TDIU: Beyond Standard Ratings

For veterans whose disabilities severely restrict their employment opportunities but don’t meet the threshold rating criteria as stated above, there’s still hope through a secondary review process. 

This  process involves evaluation by the Director of Compensation and Pension, focusing on the practical impact of disabilities on employment, rather than strict percentage ratings.

Consider, for instance,  a veteran with a 40% rated back disability—a common scenario. 

Despite the moderate rating, such a condition could limit the ability to perform basic job functions like sitting, standing, or lifting, effectively barring gainful employment. 

In these cases, pursuing TDIU becomes a viable strategy.

Navigating the Claims Process

Overcoming Regional Office Hurdles

It’s not uncommon for initial TDIU claims to be denied by regional offices due to rigid interpretations of eligibility criteria. 

However, persistence in the appeals process along with compelling medical and vocational evidence, can overturn such decisions.

Tips for a Strong TDIU Claim

• Document Extensively: Ensure all service-connected disabilities and their impacts on your work life are thoroughly documented.
• Appeal Denials: Don’t be discouraged by initial rejections. Appeal to the Board of Veterans’ Appeals and, if necessary, the Court of Appeals for Veterans Claims.
• Provide Comprehensive Evidence: Include detailed medical records and, if possible, vocational expert opinions on how your disabilities limit employment opportunities.

The Role of Legal Assistance

Securing TDIU benefits often requires navigating complex legal and medical terrain, making the expertise of a veterans’ law attorney invaluable. 

An experienced attorney can help articulate the nuances of your case, ensuring that all relevant evidence is presented effectively throughout the appeals process.