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Veterans who are incapable of securing and maintaining substantially gainful employment may qualify for a total disability rating based on individual unemployability (a “TDIU” or “IU”). If awarded a TDIU, a veteran will be paid at the 100% disability rate even though their combined disability rating is less than 100%. Substantially gainful employment is generally […]

A nexus letter is a medical opinion that links a veteran’s current condition to their military service or to another service-connected disability. VA doesn’t require you to submit one, but in many claims, particularly secondary service connection claims, claims filed years after separation, and appeals of prior denials, a nexus letter is the single most […]

The Compensation and Pension exam is, in many cases, the single most important event in a VA mental health claim. VA will generally give more weight to the C&P examiner’s findings than to your treating provider’s records, your lay statements, or anything else in the file. A good exam can result in an accurate rating […]

Many veterans who are unable to work due to service-connected disabilities are also eligible for Social Security Disability Insurance. The two programs are administered by different agencies, use different standards, and evaluate disability differently. But they are not mutually exclusive. In most cases, veterans can receive both TDIU and SSDI simultaneously, with no offset or […]

Blast Exposure TBIs and the VA Claims Process Not all traumatic brain injuries look the same in a VA file. A veteran who sustained a TBI in a car accident, a fall, or a sports collision typically has something concrete to point to: a medical record, an emergency room visit, a documented loss of consciousness. […]

Getting a TDIU grant from VA is a significant win. It means VA has recognized that your service-connected disabilities prevent you from maintaining substantially gainful employment, and you’re now being compensated at the 100% rate. But the grant itself is only the beginning. There are several steps veterans should generally consider taking after a TDIU […]

VA rates all mental health conditions, including PTSD, depression, anxiety, and adjustment disorders, under the same framework: the General Rating Formula for Mental Disorders at 38 C.F.R. § 4.130. The formula assigns ratings of 0%, 10%, 30%, 50%, 70%, and 100% based on the level of occupational and social impairment the condition causes. For most […]

If you have a service-connected physical disability and you’ve developed depression, anxiety, or another mental health condition because of it, you may be entitled to a separate VA disability rating for that mental health condition. This is called secondary service connection, and it’s governed by 38 C.F.R. § 3.310. The connection between chronic physical conditions […]

The landscape of veterans’ benefits is continually evolving, with changes aimed at better serving the needs of those who served our nation. One area that has seen recent updates is the policy surrounding Total Disability Ratings based on Individual Unemployability (TDIU). Understanding these changes is crucial for veterans who rely on these benefits or are […]

Most veterans who research TDIU learn the schedular requirements quickly: one service-connected disability rated at 60% or more, or a combined rating of 70% with at least one condition rated at 40%. If they don’t meet those thresholds, many assume they’re disqualified. That’s wrong. Under 38 C.F.R. § 4.16(b), VA is required to consider TDIU […]