Chicago Disability Attorney (38 CFR 4.16)

Comerford Law Office provides legal services for veterans seeking veterans’ disability benefits. James R. Comerford has fulfilled the United States Department of Veteran’s Affairs accreditation process and is authorized to represent Veterans seeking disability benefits. Many young military members go overseas just starting their adult lives and with many plans for their future careers. However, too many return to the United States with those plans vastly changed. Many serious injuries sustained at war can prevent a veteran from pursuing their intended career path or even from working at all. If you were injured and are unable to earn a living, you may qualify for Total Disability Individual Unemployability (TDIU) Veterans’ Compensation.

Generally speaking, the amount of veterans benefits you will receive for your injuries depends on your disability rating as determined by the Department of Veterans Affairs (VA). However, if you have an injury or condition that is not 100 percent disabling but still prevents you from getting a job and/or keeping gainful employment, you may qualify for a TDIU rating, which can increase the number of benefits you receive to 100 percent despite having a lower disability rating.

To qualify for individual unemployability, you must meet the following criteria:

• You are a veteran;
• You have service-related disabilities as follows (one disability with at least a 60 percent disability rating; or two or more disabilities with one rated at least 40 percent and the combined rating for both adding up to at least 70 percent);
• Your disability renders you unable to sustain gainful employment (odd jobs don't count).

In some rare circumstances, veterans with ratings lower than the above minimums may still be approved for TDIU benefits if their disabilities have specific effects that make it impossible to hold down a job.

Helping You Qualify for TDIU

Many people who do have less than 100 percent disability ratings are not aware that they may be eligible for more benefits if they cannot work. They may struggle to try to survive on their partial benefits and odd jobs since they are unable to hold a job for an extended period of time. Some conditions that may keep you from working include:

• Back injuries – These can keep you from lifting, moving around, or even from sitting for extended periods of time;
• Traumatic brain injuries – TBIs can cause cognitive impairments that can make it impossible to focus, follow instructions, or communicate with others;
• PTSD – Many veterans with PTSD have uncontrollable flashbacks, fears, anger, and other mental struggles that can often lead to termination from a job.

Here's a list of some (but not all) conditions that may be eligible for a 100% rating:

Post-Traumatic Stress Disorder (PTSD)

Post-Traumatic Stress Disorder (PTSD) is one of the most common conditions that may qualify you for Total Disability Individual Unemployability (TDIU) through the VA. If you have been diagnosed with PTSD and it significantly impacts your ability to maintain gainful employment, you may be eligible for TDIU. For example, if you experience constant flashbacks, severe anxiety, or difficulties with concentration, it can make holding down a job extremely challenging. PTSD-related symptoms, such as hypervigilance, insomnia, or panic attacks, can often interfere with daily life, and the severity of your symptoms could justify your claim for TDIU. The VA considers both your mental health and your employment history when determining eligibility, so it's important to provide all relevant medical evidence and employment records to strengthen your claim.

Traumatic Brain Injury (TBI)

Traumatic Brain Injury (TBI) is another condition that could qualify you for TDIU if it is service-connected and prevents you from securing or maintaining substantially gainful employment. TBI can lead to cognitive impairments, memory issues, and difficulty with concentration or problem-solving. If your symptoms are so severe that they affect your ability to do even simple tasks at work, you may be eligible for TDIU. It’s crucial to document the extent of the cognitive difficulties caused by your TBI, as well as how these difficulties make employment untenable. If your brain injury results in mood swings, impulsivity, or social dysfunction, these factors will also be considered by the VA in your claim.

Chronic Pain and Musculoskeletal Disorders

If you suffer from chronic pain due to a service-connected musculoskeletal disorder, such as arthritis, back problems, or joint issues, you may be eligible for TDIU. Chronic pain can limit your ability to sit, stand, or perform physical tasks—often making it impossible to work a regular job. Conditions like these may not always show up as visually obvious disabilities, but they can be just as debilitating. For example, if you have severe lower back pain or joint stiffness that makes it hard for you to move without discomfort or rely on painkillers, it may be clear that work is no longer feasible. The VA will evaluate your ability to perform daily functions and whether this interferes with your employment capacity.

Anxiety and Depression

Anxiety and depression are also common conditions that might qualify you for TDIU. These mental health disorders can severely impair your ability to focus, engage with others in a work environment, or meet work demands. If your anxiety causes overwhelming stress, panic attacks, or constant worry, and if depression leads to a lack of motivation, isolation, or an inability to focus, these factors could prevent you from holding down a job. Often, veterans who experience both anxiety and depression struggle with even basic tasks like meeting deadlines, interacting with coworkers, or maintaining regular attendance. If your symptoms are severe enough, the VA may determine that TDIU is appropriate for your case.

Sleep Apnea

Sleep apnea can interrupt your ability to function throughout the day. This disorder typically causes you to stop breathing multiple times while you sleep, leading to daytime fatigue, poor concentration, and memory problems. If sleep apnea is left untreated or remains severe despite using a CPAP machine, it can create significant challenges in any job requiring alertness. This condition, when severe enough, might cause persistent fatigue, difficulty staying awake during work hours, and cognitive impairment. If your sleep apnea is connected to your military service and significantly interferes with your ability to hold down a job, you may be eligible for TDIU.

Moreover, sleep apnea can sometimes be related to, or even indicative of, other service-connected injuries. For instance, veterans who have sustained head or neck injuries may experience an increased likelihood of developing sleep apnea due to the way these injuries can affect the airway. Similarly, veterans with PTSD may also develop sleep apnea, as the two conditions often coexist. PTSD symptoms like hypervigilance and frequent nightmares can disrupt sleep patterns and may aggravate or contribute to the development of sleep apnea. Therefore, if you have a history of trauma or head injuries from your service, your sleep apnea could be viewed as connected to those other service-related conditions, which may strengthen your case for TDIU. Be sure to include all relevant medical records, particularly those linking your sleep apnea to your service-connected injuries, to build a strong claim for benefits.

Service-Connected Amputations

Amputation often brings substantial challenges that make it difficult—if not impossible—to perform physical tasks required in most employment. This can include issues with mobility, needing prosthetics, and facing a variety of physical and emotional adjustments. The impact of a limb amputation can extend beyond physical limitations; the emotional toll can affect your confidence and mental health, further hindering your ability to work. You may need to demonstrate how these physical impairments prevent you from securing or maintaining gainful employment.

Cardiovascular Conditions

Severe cardiovascular conditions, such as heart disease or other heart-related issues, can prevent you from working if they impact your physical capabilities. Symptoms like shortness of breath, chest pain, or fatigue may prevent you from engaging in tasks that require moderate or heavy physical exertion. Even more minor heart issues can restrict the types of jobs you can do. If your condition limits your ability to perform physical activities and has worsened to the point where even sedentary work is not feasible, you may be eligible for TDIU. The key is showing that your condition significantly impairs your functional ability in a work setting.

Severe Diabetes or Endocrine Disorders

If your diabetes or other endocrine disorder causes complications like severe neuropathy, poor circulation, or frequent hospitalizations, this can make work impossible. You may experience extreme fatigue, blurred vision, or unsteady blood sugar levels, which can make completing tasks at a job extremely difficult. When these conditions are service-connected and so debilitating that they prevent you from maintaining gainful employment, they could serve as the basis for a TDIU claim. The severity of your condition, along with how it affects your daily life, will be a central part of your evaluation.

Respiratory Conditions (Including COPD)

If your breathing is significantly impaired by conditions like Chronic Obstructive Pulmonary Disease (COPD, you may have difficulty walking long distances, lifting objects, or even speaking for extended periods. These conditions can make it nearly impossible to perform tasks at any job that requires stamina or physical activity. If your respiratory condition causes frequent flare-ups, requires multiple hospitalizations, or prevents you from engaging in basic work activities, you could be eligible for TDIU. The key to qualifying is demonstrating how your condition affects your work and overall functionality.

VA Unemployability FAQ’s

What Exactly is a VA Unemployability Claim?

A TDIU claim is quite difficult to prove, but you do not have to prove that you are “100% disabled.” The VA will, however, expect you to prove that your disability is real, it meets specific criteria from the VA, your disability was acquired in the line of duty, and it prevents you from sustaining gainful employment.

What are the VA’s Criteria for Total Disability or Individual Unemployability?

Even if the disability rating assigned to you by the VA is less than 100%, you can still have your rating adjusted to 100% based on individual unemployability. To claim TDIU benefits, you must prove the following:

• You are already the recipient of service-connected benefits
• One disability is rated at 60% or higher OR two disabilities are rated at 70% or higher
• OR, your disability qualifies you for special consideration and the rating method used by the VA should not apply (known as extra-schedular)
• OR, you have medical or vocational proof that your disability prevents you from working
• Lastly, you can file a separate claim to have your disability rating increased.

What is the TDIU Effective Date?

The effective date is the date from which you are assigned benefits. This date is not the date that the VA accepts your claim. Instead, it is the date on which you filed the claim (or the date on which the VA received your claim). You will be entitled to back pay from the date your filing was accepted to the date your filing was granted. Additionally, veterans who apply for disability rating changes have effective dates as well. These are calculated from the date the VA receives the claim.

Am I Entitled to Back Pay from the VA?

Yes. Applications can take years to sort out. Once your application has been granted, the VA will pay your claim from the date it received your application. You are entitled to recover payments from the date your application was received to the date your claim is granted.

How Long Does VA Unemployability Last?

Depending on your medical progress, VA unemployability can either be permanent or temporary. In cases in which unemployability is deemed permanent, you will see the P&T (permanent and total) box checked. This means that there will be no future medical exams scheduled to determine your status. In some cases, veterans are re-rated as having higher disabilities, while in other cases, they are re-rated lower.

Contact an Experienced Chicago Veterans’ Compensation Lawyer For Help

Many different service-related conditions and disabilities can make it impossible for you to keep a job that is sufficient to support yourself. At the Comerford Law Office in Chicago, we understand the many different ways that disabilities can prevent you from earning an adequate living. You do not have to continue struggling to make ends meet with partial veterans disability payments. Instead, reach out to James R. Comerford online or call today at 312-863-8572 to discuss your options for Total Disability Individual Unemployability (TDIU) Veterans’ Compensation.