Do You Qualify for TDIU Benefits Through a Lawyer in Illinois?

Many veterans in Illinois face challenges with their service-connected disabilities that make it impossible to hold down a steady job, and this can happen even when a veteran’s official VA disability rating is below 100%. Total Disability based on Individual Unemployability (TDIU) allows eligible veterans to receive compensation at the 100% disability rate, but it can be difficult to jump through all the hoops required to qualify. An experienced TDIU lawyer in Chicago, IL can help if you’re struggling and greatly improve your chances of qualifying.

Do You Qualify for Benefits Through a TDIU Lawyer in Chicago, IL?

Qualification itself depends on your service-connected disabilities preventing you from getting substantially gainful employment, plus meeting schedular requirements. An experienced Illinois-based VA lawyer can provide a free consultation to help you figure out if you qualify, and if you do, can then help you get your application through the system and access the benefits you’re entitled to.

Basic Eligibility Requirements

To qualify, you must have at least one service-connected disability rated at 60% or higher or multiple service-connected disabilities with a combined rating of 70% or more, if at least one of those disabilities is rated at 40% or higher. Unfortunately, non-service-connected issues, such as age or post-service injuries, do not count, even if those issues are made worse than they normally would be by your service disability.

If you have some marginal employment, but your income stays below the poverty threshold, this will not disqualify you. “Sheltered employment” are jobs with special accommodations from family or in protected environments, and these may actually support your claim even if your earnings through such a job are slightly higher. “Substantially gainful employment” generally means earning more than the federal poverty threshold.

If your disabilities keep your income below this level or make consistent work impossible, TDIU can pay you at the full 100% rate, even if your combined schedular rating is lower.

Extraschedular TDIU

Not every veteran meets the schedular rating requirements, but that does not mean TDIU is off the table completely. Extraschedular TDIU is available for exceptional cases where your service-connected disabilities prevent you from gaining employment, even if you have a lower rating. These claims are hard to win, however, and you’ll need strong evidence.

At the Comerford Law Office, we can help you in building this kind of complex case. We’ll gather the required medical opinions and vocational assessments and back them up with testimony from those who know you to demonstrate why you deserve TDIU on an extraschedular basis, if that’s appropriate.

Don’t Go It Alone

Many veterans are initially denied TDIU for not meeting schedular criteria, and many give up at that point believing there’s nothing more that can be done. Gathering all the needed evidence is in itself difficult and time-consuming, and it’s easy to miss something important, particularly if you’re also dealing with overwhelming health issues.

Since 2008, we have helped Illinois veterans get the help and benefits they need. ​Contact the Comerford Law Office now here in Chicago, ​or in Jonesborough or Highland areas, and set up a free consultation.

Tags: Rating Increase, TDIU Benefits, VA Claims, VA Disability
Posted in TDIU | No Comments »