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Total Disability Individual Unemployability (TDIU)

Dedicated TDIU Lawyers in Maine

Even if the VA has given a rating of less than 100% for their service-connected ailments, veterans may still be eligible for a total disability award. Veterans who are unable to obtain or maintain substantially productive employment because of service-connected disabilities are eligible for a total disability rate based on individual unemployability due to service-connected disabilities (TDIU).

Jackson & MacNichol can help to qualify disabled veterans to appeal or reopen their existing disability claims and seek TDIU benefits. Veterans with disabilities are assisted by our dedicated TDIU lawyers in Maine in obtaining all benefits from the Department of Veterans Affairs. Call our office right away.

Why Do You Need Our TDIU Lawyers in Maine?

Aren’t sure how to get the compensation you deserve for a service-connected disability? OurTDIU lawyers in MaineInstead we’ll ensure that your medical condition is fully documented so you have the best chance of receiving the disability benefits you require. The advantages of engaging one of our knowledgeable TDIU lawyers in Maine are listed below.

Get Personalized Legal Aid

Veterans can receive legal assistance from a variety of nonprofits, but these organizations are sometimes overworked and understaffed.  One of our TDIU lawyers in Maine will be able to come up with the best plan for your unique circumstances. We take the time to get to know you and consider your case because we recognize that every veteran we work with is unique.

Get Expert Advice

Every year, laws governing Total Disability Individual Unemployability Benefits change, so your lawyer must stay up to date. It’s a red flag when an attorney handles various claims. If a lawyer doesn’t specialize in VA law, it may have been months or even years since they assisted a client in obtaining benefits for a service-connected disability.

Save Time

We strongly advise that you consult with one of our TDIU lawyers in Maine before applying for VA benefits. Otherwise, you risk delaying Total Disability Individual Unemployability Benefits by making a mistake. 

The VA claim process goes faster when you aren’t denied disability benefits the first time around. Your chances of obtaining the VA benefits you are entitled to are significantly increased by working with one of our TDIU lawyers in Maine. 

Schedule an Independent Medical Exam

Call one of our TDIU lawyers in Maine right away if your application for VA benefits has been denied. We will be able to assist you in appealing the VA’s decision by arranging for an independent medical examination (IME). A doctor who is not affiliated with the VA conducts an independent medical examination, in contrast to the Compensation and Pension Exam.

We are aware of the medical professionals certified to conduct impartial medical examinations. You can rely on our knowledgeable TDIU lawyers in Maine to obtain the best result for your case since we keep your interests in mind.

Navigate the Complicated Process

The VA claim procedure is complex. To maximize your claim, several actions must be completed and specific deadlines must be followed. This procedure could take a while and be unclear.

To protect your rights, it is beneficial to have one of our TDIU lawyers in Maine represent you. We can guide you through the maze of paperwork and due dates you must remember to get compensated.

What Are Total Disability Individual Unemployability (TDIU) Benefits?

TDIU Lawyers in MaineVeterans who are unable to maintain or find gainful work may be eligible for total disability based on individual unemployability (TDIU) benefits. You must have both mental and physical limitations that prevent you from working. To be eligible for benefits, those conditions must be considered service-connected and tied to your time in the military.

Secondary service-connected benefits do count towards your individual unemployability benefits claim. For instance, if a veteran contracted diabetes as a result of exposure to Agent Orange, any subsequent diabetes-related diseases are likewise seen as being service-connected.

Benefits from TDIU are paid at the same rate as a VA disability rating of 100%. Veterans who qualify for TDIU benefits may get more than $3,332.06 each month. Veterans with dependent parents and children receive additional compensation.

Eligibility and VA Unemployability Benefits

The VA’s guidelines on VA unemployability requirements and income limits must be met by veterans seeking individual unemployability benefits. Veterans must initially have a physical or mental impairment related to their service. Your time in the military must have contributed to this impairment or made it worse.

Second, veterans who want TDIU benefits have to have served on active duty at some point in their military service. Third, you must not have a dishonorable discharge. We advise you to get in touch with our TDIU lawyers in Maine if you have any eligibility-related issues because this is an overgeneralization.

Veterans who are unable to work due to service-connected disability are eligible for TDIU benefits. Jackson & MacNichol can assist if you are not yet service-connected. The standard prerequisites for qualifying for TDIU benefits are listed below. Give us a call if you’re unsure if you qualify for VA unemployment benefits.

  • You must be a veteran
  • You must have service-connected disabilities
  • You must not have been discharged dishonorably
  • You must have at least one service-connected disability rated at least at 60%, or two or more service-connected disabilities at least one disability ratable at 40 percent or more with a combined rating of 70 percent or more
  • You must be unable to maintain substantially gainful employment as a result of service-connected disabilities (marginal employment, such as odd jobs, is not considered substantial gainful employment for VA purposes)

How Do You Prove Eligibility for TDIU?

A veteran’s claim or appeal must include a VA Form 21-8940, Veteran’s Application for Increased Compensation Based on Unemployability, to get a TDIU from the VA. The veteran must fill out this complex form completely, including the relevant medical information and job history.

To assist you in ensuring that your Form 21-8940 is completed correctly and that you have the best chance of receiving a TDIU, our experienced TDIU lawyers in Maine may evaluate it. In addition, the veteran’s application should include:

  • Medical proof that enables the VA to assess the veteran’s present physical and mental health state. The veteran or those familiar with the veteran’s impairment or disabilities may provide comments in addition to records of VA medical examinations, VA treatment records, private treatment records, and records of VA treatment. If the veteran’s medical records and statements do not provide sufficient information to determine whether the veteran is eligible for a TDIU, the VA may schedule a Compensation and Pension Examination (C&P exam).
  • Job experience from the five years before the veteran’s condition rendered them too incapacitated to perform substantially gainful work. The veteran must give job history for the most recent five years of employment, even if they haven’t worked in the five years before to apply for a TDIU. Any subsequent sheltered or other protected labor should also be documented in the claim.
  • Forms from every employer the veteran worked for in the year before the day they lost their ability to work.
  • The Social Security Administration reports if the veteran receives Social Security Disability benefits and the veteran’s other evidence is not enough to earn TDIU status.
  • If there is information that implies rehabilitation was attempted but failed or was declared medically impracticable, records from the VA’s Vocational Rehabilitation and Employment Service (VR&E) should be consulted.

If the VA grants a TDIU, the recipient has to do a VA job questionnaire every year until age 69. The veteran can confirm on this brief form that they haven’t found any significantly gainful job and list any protected employment (sheltered, family business, etc.).

Are You Eligible for Individual Unemployability If You’re Currently Working?

Veterans who are unable to find and keep substantially productive work due to service-connected impairments are eligible for Total Disability Individual Unemployability Benefits. Two situations exist in which veterans may be employed and still qualify for individual unemployability benefits:

Marginal Employment

Veterans who are employed but make less than the federal poverty line may be eligible for individual unemployability benefits.

Protected Work Environment

A protected work environment is one in which an employer makes specific allowances to let a veteran work there without reducing compensation or benefits. Veterans may still be eligible for individual unemployability benefits from the VA even if they work in a protected workplace.

What is the VA Disability Rating for TDIU?

For each service-connected condition, ratings ranging from zero to one hundred percent are given at intervals of ten percent. Depending on its severity, each disability may be evaluated as zero percent (non-compensable) or anywhere between 10 and 100 percent.

However, it’s crucial to remember that the VA has a system it employs to establish a veteran’s total disability rating. For instance, instead of receiving the 50 percent that would be given if conditions were simply put together, a 30 percent rating and a 20 percent rating typically combine to earn a total rating of 40 percent.

The disability ratings assigned by VA are part of a very old system called a rating schedule, which was designed many years ago to compensate veterans based on the average loss of earnings a condition has on employment. That is still how the VA rates disability generally, even though many of the classifications do not make sense by modern standards.

Fortunately, new rating standards for several of the impairments have just been released.

Schedular Rating

It is simpler to get a TDIU award if you are eligible for schedular disability benefits. This is because a candidate who satisfies the fundamental minimal standards for schedular TDIU is more likely to be approved by the VA than one who must go through certain extra steps.

To qualify for schedular TDIU, a former service member must have either a combination of disabilities that are rated at 70 percent or higher – including at least one condition rated at 40 percent or higher – or one disability that is rated at 60 percent or higher. 

Of course, a veteran who has already been given a complete disability rating of 100 percent would not ordinarily seek TDIU.

Extra Schedular Rating

Extra schedular ratings are given outside of the rating schedule owing to a condition’s atypical presentation, which interferes more with the person’s capacity to work than the ailment would typically or necessitate frequent hospitalization.

The additional compensation is meant to make up for lost wages brought on by illnesses or injuries that unpredictably prevent a person from performing the duties of their employment.

You do have choices if your VA disability rating is not as high as you believe it should be. Contact one of our TDIU lawyers in Maine today to schedule an initial consultation.

Where Can Veterans Apply for TDIU Benefits?

Most veterans applying for TDIU benefits have already applied for and received some type of disability compensation from the Department of Veterans Affairs (VA). The process is the same and can be finished online using VA systems, through a veteran service group, in person at VA, or with the help of one of our knowledgeable TDIU lawyers in Maine.

When Can You Expect to Begin Receiving TDIU Benefits?

It may take a veteran two months to a year to hear back from TDIU after applying. Each case is unique, and some are trickier to handle than others. Every veteran’s application for TDIU goes through a distinct process, which explains why there is such a difference in the time frames. It’s crucial to remember that many TDIU petitions are rejected, and the TDIU appeals procedure can be drawn out.

A veteran may decide to submit the TDIU form during an appeal because it is an integral element of the initial compensation application. Depending on the type of appeal chosen and the level at which the appeal is taken, the time frame for any appeal varies greatly.

Who Are TDIU Benefits Sent To?

TDIU disability compensation is always sent to the recipient of benefits. It is always given to the qualified veteran and is given out every month. The beneficiary can only be exempted if they are so severely handicapped that the VA has determined they are incompetent, meaning they are unable to comprehend their benefits or manage their finances.

The appointment of a fiduciary to manage a former military member’s financial affairs is an uncommon and unique event. If a beneficiary is unable to understand or comprehend where their money is going or what it is being spent on, the government may appoint a representative payee to ensure that the veteran’s basic needs are being met, and that the money is being used for their benefit, and that they are not being taken advantage of by someone.

If the veteran is married and is found to be incompetent, VA will probably name their spouse as their fiduciary. The Agency wants to prevent a stranger from getting involved in handling a former service member’s finances. The VA may choose to designate unrelated fiduciaries if a veteran does not live close to relatives or a spouse. Otherwise, a veteran has complete discretion over how to use the funds. They are not obligated to use it in a particular manner.

What Are the Restrictions on Handling a Veteran’s Finances?

The veteran’s monthly cheque would typically be handled by the spouse if they were the fiduciary. However, the VA does not grant a spouse or family member the same discretion to spend the money on anything as a former military member would.

Even if the fiduciary is the veteran’s spouse, updates on the money’s use must be given to VA so the Agency may ensure that it is being used in the veteran’s best interests. The amount of money the veteran receives is unaffected in any way by having a family member or other close relative assigned to manage financial concerns.

Veterans who are totally handicapped or receiving TDIU are eligible to receive free health care from VA for the duration of their disability. At this degree of disability, medical services, including prescription drugs, are provided without a co-pay.

When Can VA Reduce or Terminate Your TDIU Benefits?

VA may propose to reduce or terminate a veteran’s Total Disability Individual Unemployability Benefits for several reasons:

  • Veterans in receipt of TDIU benefits are required to submit VA Form 21-4140 annually. If veterans do not submit this form, their benefits may be subject to reduction or termination.
  • If your ability to maintain substantially gainful employment changes, you can work.
  • If your service-connected condition(s) have improved, warranting a lower rating.

How to Appeal TDIU Claim Denials From the VA?

Too many veterans, unfortunately, are not granted TDIU benefits. Tens of thousands of veterans contact our TDIU lawyers in Maine every year after having their claims wrongfully dismissed by the VA system. With the proper supporting documentation and our guidance, many veterans are successful in their TDIU benefits appeals after navigating the challenging VA appeals procedure.

You might have the choice to challenge the Veteran Administration’s first decision if you just received a denial of TDIU benefits. Veterans who want TDIU benefits must file an appeal within a year of the decision’s date. Veterans can reapply for VA benefits if they have let their TDIU appeal time expire. That means that you will have to re-submit your initial application and start the process from the beginning.

Our TDIU lawyers in Maine have helped thousands of veterans obtain the benefits they deserve. Don’t let the denial of your TDIU benefits discourage you. Numerous veterans who have valid claims denied by the VA are successful in their appeals.

What is the Impact of Prior TDIU Denials?

For someone who is presently applying for TDIU, prior TDIU denials are important. If a former military member’s TDIU claim has previously been rejected, it is now more challenging to “reopen” the case or submit a supplemental claim according to the new Appeals Modernization Act (AMA). This does not pertain to somebody who has been denied in the past year and is appealing the decision, as that is part of the appeals process.

More difficulty will be experienced by a veteran who applied for TDIU some years ago, did not submit an appeal, and is now attempting to do so. Although a veteran may submit an application as many times as necessary, the AMA now requires new and pertinent documentation to submit a supplemental claim for TDIU.

The good news is that a year may bring about a lot of change. Worsening disability, an inability to obtain acceptable work, or being dismissed from a job because of service-connected conditions that interfere with employment might all be considered new and pertinent evidence.

How Can Our TDIU Lawyers Help?

If you hire Jackson & MacNichol, you get our years of experience and knowledge working for you. To establish that your disability prevents you from working, our TDIU lawyers in Maine consult with medical professionals, psychologists, and occupational specialists. We know the VA system. Call us if you have any inquiries. 

Our skilled TDIU lawyers in Maine help veterans with their VA unemployability claims. Veterans who are unable to work may be eligible for TDIU benefits. Our law firm has always been committed to assisting the injured and the disabled. We fight for our clients to receive the Veterans Administration benefits they deserve.

Have trouble obtaining your TDIU benefits? Speak to one of our TDIU lawyers in Maine. As a veteran, we want you to be aware of your rights. You are entitled to Total Disability Individual Unemployability Benefits if you are unable to work due to physical or mental conditions related to your service. You didn’t receive these benefits as a government giveaway; rather, you earned them by faithfully serving our country.

Let Our Experienced TDIU lawyers in Maine Help You!

If you are a veteran who qualifies for a TDIU, Jackson & MacNichol would like to talk with you about your VA claim.

Veterans seeking disability benefits are represented by our knowledgeable TDIU lawyers in Maine, and we have successfully recovered millions of dollars in compensation for thousands of veterans. We focus on appealing already filed claims to increase disability ratings and increase compensation for veterans wrongfully denied benefits under the VA disability compensation program.

We want you to receive a greater VA disability benefit if you are entitled to one. Get in touch with us today.

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