If a disability developed due to a service-connected incident, then that veteran deserves payment for how their life and health has been affected. Technically, the VA is authorized to provide financial support to veterans at a 100 percent rate if the disability prevents them from working. As our Virginia VA TDIU lawyer has explained to clients, if you have a service-connected disability that hinders your ability to earn a living, then you may be owed payments through a TDIU rating. To learn more about Individual Unemployability (TDIU), please contact Greg M. Rada, Attorney at Law, at your next convenience. Greg is a veteran himself and can empathize with the struggles and very real challenges that veterans can endure from their service.
There is a misconception many people have about TDIU eligibility. You may think that you can only receive benefits if you have one service-connected disability rating, two or more service-related disabilities with one being rated at 40% or more, or a total combined rating that equals 70% or more. In reality, when a veteran does not meet rating requirements but still cannot work due to their disability, the VA must consider giving the veteran an extraschedular TDIU. When the veteran’s case shows unusual or exceptional disability that interferes with employment or entails recurring periods of hospitalization that causes maintaining a regular schedule to be unrealistic, the VA should grant the veteran an extraschedular TDIU. Ultimately, if your disability renders you unable to keep a job, then it is worth pursuing TDIU with support from Greg, a Virginia VA TDIU lawyer you can depend on.
If you are a veteran, then you may be wondering if you are eligible for compensation. Receiving VA disability benefits will vary depending on numerous factors, which are unique to your situation and health. Greg can help you prepare needed documentation and strengthen your position so that you are set up to receive the benefits you deserve. Greg can go into further detail about your eligibility during a consultation. But generally, you have to meet the following criteria for VA disability compensation:
During your consultation with Greg, be sure to bring as much information about your service and health as possible. Firstly, it helps to know all of your service-related disabilities and their respective ratings, in addition to your overall combined rating. Secondly, have your employment history from the past 5 years, such as type of work, employers, earnings, and explanation as to why your health prevents you from maintaining employment. Lastly, be familiar with your VA claim and appeal status. For instance, when did you last file a claim and what was the issued rating decision? If you are ready to get help from our dedicated Virginia VA TDIU attorney, contact Gregory M. Rada, Attorney at Law today.
Total Disability Individual Unemployability (TDIU) is a significant component of VA disability compensation, aimed at assisting veterans who are unable to secure or maintain employment due to their service-connected disabilities. When a veteran in Virginia is granted TDIU, it means they are compensated at the 100% disability rate, even if their combined disability rating is less than that. As our Virginia VA TDIU lawyer can explain, a critical aspect of TDIU is the concept of back pay.
Back pay refers to the benefits that are owed to a veteran from the date they were entitled to receive them to the date they actually begin receiving compensation. For Virginia veterans, understanding the calculation, process, and factors affecting TDIH back pay is essential for ensuring they receive all the compensation they are entitled to.
The amount of back pay a veteran can receive is influenced by several factors. The most significant is the effective date, which is the date the VA recognizes a veteran’s claim as valid. This date can be the date the veteran first filed the claim or, in some cases, an earlier date if the claim was filed within a year of the veteran leaving military service. The earlier the effective course of the veteran’s TDIU claim, the greater the potential back pay.
Another critical factor is the rate at which the benefits are paid. Since VA disability rates are adjusted annually for cost of living increases, the rate applicable in past years may be different from the current rate. Calculating back pay requires using the rates that were in effect during each year back to the effective date.
While veterans can navigate the TDIU claims process independently, the support of a skilled in Virginia can be invaluable. A lawyer specializing in VA benefits can help ensure that all the necessary documentation is accurate and submitted promptly, advocate for the earliest effective date possible, and assist in appealing any denials or inadequate rating decisions.
Gregory M. Rada, Attorney at Law, provides dedicated legal support to veterans pursuing TDIU claims. Our firm understands the complexities of VA law and works diligently to ensure that veterans in Virginia receive the maximum benefits they are entitled to. With the assistance of a competent VA TDIU lawyer, veterans can better manage their claims and potentially secure significant back pay.
Once the VA determines that a veteran is entitled to back pay, the amount is typically issued in a lump sum. This payment is retroactive to the effective date of the claim, covering all the months or even years that have passed since that date. It is crucial for veterans to provide correct banking information to the VA to avoid delays in the disbursement of these funds.
If you or a loved one is considering applying for TDIU, or if you are facing challenges with your existing claim, including issues related to back pay, do not hesitate to reach out for professional guidance. At Gregory M. Rada, Attorney at Law, we are committed to assisting our clients every step of the way. Gregory M. Rada started After Service LLC so veterans would have access to a law firm founded by a veteran. Greg exclusively handles VA disability compensation, pension, and survivor benefit appeals at all levels of the VA adjudicative process including at Regional Offices nationwide, the Board of Veterans’ Appeals (BVA), and the Court of Appeals for Veterans Claims (CAVC). He is honored to have a job serving other veterans and their families. Contact us today to discuss your case and learn how we can help you secure the benefits you deserve. Our experienced VA TDIU lawyer is ready to provide the support and legal counsel you need to effectively pursue your TDIU claim and back pay.