Posted by Gregory M. Rada | December 1, 2020 | Firm News
There are two paths to receiving a total disability rating based on individual unemployability (called, TDIU or IU) from the VA. The easier path is when a veteran meets the rating requirements for a ‘schedular’ TDIU, however, a veteran can still receive a TDIU rating even if they don’t meet the rating requirements for schedular TDIU via process called extraschedular TDIU.
What Rating Do I Need To Receive Schedular TDIU?
You – the veteran filing the claim for individual unemployability – need to have either one service-connected disability with a rating of 60 percent or more, or multiple service-connected disabilities with a combined rating of at least 70 percent with at least one disabilities being rated at 40 percent or more. Therefore, if you were service-connected post-traumatic stress disorder (PTSD) at 70 percent, you would meet the rating requirements to be considered for schedular TDIU. You would likewise be eligible for schedular TDIU if you were service connected for a back condition rated at 40 percent, plus other disabilities that made your combined rating 70 percent or more.
What Happens If I Don’t Meet the Rating Requirements for Schedular TDIU?
If you don’t meet the above-described rating requirements, don’t give up because you are still eligible for TDIU via extraschedular consideration. To receive consideration for an extraschedular TDIU rating, you would file a VA Form 21-8940 as normal, however, VA will need to refer your claim to the Director of Compensation and Pension. That referral should include a detailed statement regarding your service-connected disabilities, your educational background, your work history, and other factors relevant to your ability to maintain substantially gainful employment. This process can take some time, and sometimes the Regional Office fails to include all the required information or even fails to refer the case to the Director of Compensation and Pension.
The bottom line is that if you can’t work due to a service-connected condition, then you should be in receipt of IU, even if you don’t meet the rating requirements for schedular TDIU. If you need help winning your appeal for extraschedular TDIU, call me today and get your free case review.
Gregory Rada is a Veterans Benefits Attorney who practices Nationwide. He graduated from the University of Connecticut School of Law, and has been practicing law for six years. Gregory Rada believes in fighting for fellow veterans. Learn more about his experience by clicking here.