In this article about VA unemployability benefits:
- Who is eligible for VA Unemployability benefits?
- What are Veterans Unemployability benefits?
- How much do VA Unemployability benefits pay veterans?
- What if I was denied VA Unemployability benefits?
- What conditions qualify for Veterans Unemployability?
- What evidence can help unemployable veterans qualify?
- Is it hard to get Individual Unemployability benefits?
- Frequently Asked Questions on Veterans Unemployability Benefits
- Why Call Woods & Woods Individual Unemployability lawyers?
Who is eligible for VA Unemployability benefits?
- You must be a veteran.
- 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).
Some major hurdles veterans face with VA Unemployability eligibility:
You Must Be Considered a Veteran
We know this seems obvious. But there are a lot of legal decisions on who actually qualifies at a veteran. You must meed the VA’s definition of a veteran. This can include National Guard members and Reservists if they were activated by the federal government.
VA Disability Rating Too Low to Qualify
One way to be eligible for Total Disability Individual Unemployability (TDIU) benefits is to have one service-connected impairment that is rated at 60% or above. If you only have one impairment and it is rated at 50% or below, you will not qualify.
Not Enough Disabilities
The second way to be eligible for TDIU is to service-connect two or more disabilities. One disability rating must be at least 40% and your combined rating totals 70% or above.
There Are Income Limits For Eligibility
Many veterans try to obtain VA Unemployability benefits while working full-time. If you make too much money, you will not be eligible for Individual Unemployability. There are strict Individual Unemployability income limits veterans must meet.
Service-Connecting Impairments
Veterans Unemployability benefits require your mental and physical conditions to be related to service. Direct and secondary service-connected conditions will qualify for VA benefits.
Denial of VA Benefits
If you were denied VA benefits, you are certainly not alone. Every year thousands of veterans reach out to our VA benefits appeals lawyers. Many of the denied cases we take a look at are in fact eligible and do qualify for VA Unemployability benefits. Don’t be discouraged by a denial. It happens.
Individual Unemployability (IU) attorneys discuss what it takes to be eligible for IU benefits:
What are Veterans Unemployability benefits?
VA Unemployability are monthly benefits for veterans who can no longer obtain or keep gainful employment. VA Unemployability benefits are formally known as Total Disability Individual Unemployability benefits. You may have also heard these VA benefits called TDIU, IU, or Individual Unemployability. While there are many names for these benefits, they are the same thing.
There is a big problem in the United States: the veteran unemployment rate. According to Reuters News, in 2015 about 17.3% of veterans were unemployed. By May 2020, the unemployment rate for veterans dropped to 9%. VA Unemployability benefits can help those veterans that can’t work. If your mental or physical impairment keeps you from being able to work, you may be able to receive VA Unemployability benefits.
In this video, a VA disability attorney answers veterans’ common questions on VA Unemployability benefits eligibility:
How much do VA Unemployability benefits pay veterans?
Some veterans are currently receiving over $3,332.06 a month from the Veterans Administration in disability payments. The amount the Veterans Administration will pay you monthly depends on the severity of your mental and physical conditions.
If you are eligible for VA Unemployability payments, you may also be able to receive money for dependents. Disabled veterans with dependent children and parents can receive extra monthly compensation on top of their disability payments.
Examples of compensation disabled veterans can receive:
Monthly VA Compensation
If your veterans disability claim is approved, you will receive a monthly deposit from the VA. These payments will continue as long as you have the same VA disability rating.
VA Benefits Backpay
If your VA disability application or appeal is approved, you are likely to receive back pay. This payment is for the benefits you did not receive, going back to your effective date.
Aid & Attendance Benefits
Veterans who are eligible or VA Unemployability benefits may also qualify for Aid & Attendance benefits if they need assistance caring for themselves.
SSDI Benefits
Veterans can receive TDIU and SSDI benefits at the same time. Veterans need to apply for each government benefit separately. They each have their own rules and regulations. But veterans can absolutely get both benefits.
In this video, a VA disability lawyer explains how veterans can receive both VA Unemployability and SSDI benefits at the same time:
What if I was denied VA Unemployability benefits?
If you were recently denied your VA Unemployability benefits you may have the option to appeal. You only have one year to appeal from the date the Veterans Administration made a decision.
If you have let your TDIU benefits appeal period collapse you will have to submit a new application for VA Unemployability benefits. Appealing a VA disability decision can be hard to do on your own and we highly suggest you contact our unemployability benefit lawyers for help.
VA Unemployability attorney discusses steps we take to appeal IU benefits denials:
What conditions qualify for Veterans Unemployability?
Physical and mental impairments that were caused or aggravated by your active-duty service will be eligible for veterans unemployability benefits. Veterans on average file eight to nine ailments on their VA benefits application.
Many veterans are under the impression that your impairment had to be caused while serving abroad; that is plain wrong. If your injury occurred on a military base, during basic training, even off base during active-duty service, you may be eligible for VA benefits. Click here to read our article on conditions that qualify for Individual Unemployability.
Common Mental Conditions That Qualify For Veterans Unemployability
Common Physical Conditions That Qualify For Veterans Unemployability
In this video, a VA Unemployability discusses what disability benefits veterans may qualify for:
What evidence can help unemployable veterans qualify?
We can’t stress how important evidence is to your VA disability claim. Some disabled veterans, VSOs, and veterans advocates believe just submitting a few forms is enough to win a claim. Evidence is how you win your VA Unemployability claim. Evidence is the most important thing to any legal case.
The majority of our clients reached out to our law firm after a denial. They relied on a free veterans service. After the veteran calls us and we take a look at their claim, a majority of the time it is obvious why the veteran lost the claim. The evidence was not compelling.
Most veterans do not have enough evidence to win from the outset. The VA allows you to create evidence. That does not mean veterans can make up evidence. You can use more than just your current medical records.
Below are a few examples of evidence we use to win VA disability appeals. For many claims, we hire experts to create reports. We talk to service members, family members, and life-long friends for evidence. Our legal staff works with doctors, psychologists, oncologists, and even former employers to create evidence showing how you cannot work.
Here are some common forms of evidence veterans can use:
Service Records
Service records are important to any VA Unemployability claim. If service records are missing, don’t worry. You can still get VA disability benefits. There are ways around missing service records.
Doctors Reports
Reports from doctors linking your direct service-connected conditions to your secondary service-connected conditions can be powerful pieces of evidence for your Veterans Unemployability claim.
Work History
Veterans should tell the story about the jobs they lost because of their service-connected conditions. You can even have former employers write statements about how your disabilities affected your ability to work gainfully.
Psychological Reports
If you are trying to obtain VA ratings for mental health conditions, psychological statements are great. We highly recommend you have the report written by a mental health professional familiar with VA disability law.
Buddy Statements
Disabled veterans can submit buddy statements from people they served with many years ago. These statements can be used to fill in the gaps where treatment or service records are missing.
Lay Statements
Veterans can have civilian friends and family members write lay statements to show how they were affected by active-duty service. These are sometimes called before, during, and after statements.
In this video, VA disability attorney Mike Woods explains why experts are so important to your veterans benefits claim:
Is it hard to get Individual Unemployability benefits?
According to the Bureau of Labor and Statistics, there are around 573,000 veterans that are unemployed. Because the Veterans Administration is overloaded and is having trouble processing VA claims. The first thing every veteran is going to need is patience.
Some veterans get stuck appealing denials and low ratings for years because they keep submitting the wrong evidence or don’t know about a small legal exception. A veterans disability lawyer can help you through the unemployability claim process and will submit the evidence needed to prove your claim.
Veterans can submit their own VA disability appeals. But you can also legally file for your own divorce, represent yourself in a criminal court, or file a lawsuit at your local courthouse. VA Unemployability law is a complex web of federal regulations and case precedence just like any other area of law in the United States.
In this video, a VA disability lawyer explains how unemployed service-connected veterans tell their story to the VA:
Frequently Asked Questions on Veterans Unemployability Benefits
Veterans who are eligible for VA Unemployability benefits will receive a minimum of $3,332.06 per month. Some veterans who qualify for VA Unemployability can earn more than $3,600 per month.
VA Unemployability will last until you go back to work and earn too much or until your rating is lowered for any reason. Your VA rating could be reexamined and lowered if your conditions improve.
Veterans can maintain marginal employment and protected or sheltered work environments and receiving VA Unemployability.
No. Veterans Unemployability is not based upon age and does not expire when the recipient reaches retirement age.
The benefit of VA Unemployability is that it pays the same as a 100% rating, but veterans are not required to receive a 100% rating to obtain TDIU benefits.
Veterans that wish to qualify for VA Unemployability need to submit form 21-8940 to the VA. You must be a veteran that has one service-connected disability rated at least 60%, or a veteran with two or more service-connected disabilities with at least one disability ratable at 40% or more with a combined rating of 70% or more.
The VA is known to deny Veterans Unemployability claims. The good news is that you can appeal bad VA decisions. Veterans can hire an Individual Unemployability lawyer to fight the VA.
Total Disability Individual Unemployability, TDIU, IU, and VA Unemployability are the same thing.
Why Call Woods & Woods Individual Unemployability lawyers?
Woods & Woods only does one thing: fight the VA for disabled veterans. Our staff of nearly 100 people only works on VA disability legal cases. Our law firm has entire teams of VA Unemployability lawyers, case managers, case analysts, doctors, psychologists, and support staff who work on nothing but Total Disability Individual Unemployability benefits.
Learn how Woods & Woods has helped thousands of veterans qualify for VA Unemployability benefits:
No Cost For Unemployability Consultations
Woods & Woods veterans disability lawyers never charge veterans for legal consultations. You can call our law firm and find out if you are eligible for VA Unemployability benefits. We are always happy to help disabled veterans understand their legal rights and see if they qualify.
Free Help With Unemployability Applications
If you are applying for VA Unemployability benefits, Woods & Woods can help. Our lawyers never charge for help with your VA disability application.
Veterans Only Pay If We Win Your VA Claim
Woods & Woods VA disability law firm never charges veterans unless we win your appeal. Our fee is 20% of back pay and case expenses. We will never touch your future VA benefits and we will not ask for money upfront. If you do not obtain a higher rating, you pay our law firm nothing.
We Have Helped 1,000’s of Vets Get TDIU
Since 1985, Woods & Woods veterans disability law firm has successfully represented thousands of disabled veterans. Let Woods & Woods fight the VA for you.