This article covers conditions that qualify for Individual Unemployability benefits eligibility. We’ll cover mental and physical conditions, explain types of service connections, answer frequently asked questions, and discuss appealing conditions.
If you have questions after reading this guide for veterans, reach out to Woods & Woods. We never charge for Individual Unemployability claim consultations. Learn your rights as a disabled veteran.
In This Article about VA Unemployability Conditions:
- Introduction to Individual Unemployability Eligibility
- Mental Conditions That Qualify for Individual Unemployability Eligibility
- Physical Conditions That Qualify for Individual Unemployability Eligibility
- Types of Service-Connection for Individual Unemployability
- FAQ: IU Benefits and Eligible Conditions
- Appealing Denied Individual Unemployability Conditions That Qualify for Benefits
- Get Help Qualifying for Individual Unemployability Benefits
Introduction to Individual Unemployability Eligibility
- 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).
In this video, a Woods & Woods Individual Unemployability attorney explains the basics of TDIU benefits:
Mental Conditions That Qualify for Individual Unemployability Eligibility
Any mental condition that is related to your time in the service may be eligible for Total Disability Individual Unemployability (TDIU) benefits. Many veterans developed mental conditions while serving our country. Other veterans enter the service with mental conditions and their service worsened their mental conditions. To obtain Individual Unemployability benefits you are going to have to prove your mental conditions are service-connected and they prevent you from working.
Common Mental Conditions That Qualify for Individual Unemployability Eligibility:
Physical Conditions That Qualify for Individual Unemployability Eligibility
Physical conditions that were caused or worsened by a veteran’s service will qualify for Total Disability Individual Unemployability benefits eligibility. Veterans must be able to prove that their physical conditions are related to service and that they cannot obtain or maintain gainful employment because of their service-connected conditions.
Common Physical Conditions That Qualify for Individual Unemployability Eligibility:
Types of Service-Connection for Individual Unemployability
Direct Service-Connected Condition
A direct service connection had its onset in service.
Lets say you have a back injury from falling off training equipment while considered active duty. Then, many years later you apply for Individual Unemployability benefits. Back injuries are eligible conditions for Individual Unemployability benefits.
The back injury part of your Individual Unemployability claim would be an eligible condition for direct service-connection because it is directly related to your active duty military service. The injury originated while you were serving.
Secondary Service-Connected Conditions
If your mental and physical conditions are considered service-connected, any condition that is secondary to the service-connected condition may be eligible for TDIU VA compensation benefits.
Let’s go back to the above example about a back injury that occurred during active duty service. We have already established that the back injury is a direct service-connected condition. But what about the conditions caused by your back injury?
Let’s say you have an abnormal gait and sciatica as a result of your back injury. The abnormal gait and sciatica are secondary to your back injury and they are therefore secondary service-connected conditions.
Total Disability Individual Unemployability lawyer discusses what conditions add up to a 100% or IU rating:
FAQ: IU Benefits and Eligible Conditions
Any condition that was caused or worsened by your active duty military service will be eligible for Individual Unemployability benefits.
Yes. Many veterans receive PTSD Individual Unemployability benefits. Veterans with severe PTSD will find it hard to remain gainfully employed. Because of this, the VA offers Individual Unemployability benefits for veterans with PTSD.
Yes. Veterans who cannot work because of their mental conditions may be eligible for Individual Unemployability benefits.
Yes. Veterans who cannot work because of their physical conditions may be eligible for Individual Unemployability benefits.
Some veterans receive Individual Unemployability benefits fairly quickly. While other disabled veterans wait years. Our best advice is to have patience. The VA does not process claims quickly.
Individual Unemployability attorney answers common questions about TDIU benefits:
Appealing Denied Individual Unemployability Conditions That Qualify for Benefits
The VA regularly denies physical and mental conditions that qualify for Individual Unemployability benefits eligibility. An incomplete VA disability claim is a common reason we see Individual Unemployability claims denied.
Many veterans are denied Individual Unemployability benefits their first time applying. Lots of disabled veterans are forced to file TDIU appeals after a denial. If you have been denied your Individual Unemployability benefits, a VA Benefits appeals lawyer at Woods & Woods may be able to help. Appealing a bad VA decision can be done, but it can be difficult to do on your own.
Too many veterans give up after receiving a denial, even though they are eligible for Individual Unemployability benefits. Veterans have one year to appeal an Individual Unemployability denial. Do not let your time period collapse because you are likely to lose your earlier effective date and potentially lose lots of backpay too.
Get Help Qualifying for Individual Unemployability Benefits
Watch and learn how Woods & Woods has helped thousands of disabled veterans:
Free Individual Unemployability Legal Consultation
If you have questions about getting your Individual Unemployability benefits, talk to an Individual Unemployability lawyer at Woods & Woods. We want you to understand what benefits are available to you as a disabled veteran. Our law firm helps disabled veterans nationwide and even in the US territories.
There is never a cost for a free legal consultation at Woods & Woods. You can ask questions about your conditions and their eligibility for Individual Unemployability benefits and we’ll answer them for free. There is never an obligation to hire us just because you received a free legal consultation.
We Can Help With Your TDIU Application for Free
Not sure how to start the Individual Unemployability application process? Not sure who to turn to for help? Reach out to Woods & Woods. Our law firm never charges for help with your Individual Unemployability application.
We can help you understand what conditions qualify for Individual Unemployability eligibility. If your conditions qualify for Individual Unemployability eligibility on your application alone, you owe Woods & Woods nothing. Just to make this clear, if you win benefits on the application alone, you don’t pay us a penny. Our law firm has helped thousands and thousands of disabled veterans receive VA benefits for free with just their applications.
You Only Pay If We Win Your VA Appeal
If you were denied denied Individual Unemployability benefits, you can hire a lawyer at Woods & Woods without paying upfront. We will never ask for money upfront to represent disabled veterans.
We are only paid if your VA disability appeal is successful. Our fee is 20% of backpay and case expenses. We will never touch your future benefits. If your VA disability appeal is not successful, you pay Woods & Woods nothing.