Total Disability Individual Unemployability (TDIU) benefits will be granted if/when the disabled person is unable to secure or maintain a substantially gainful occupation as a result of service-connected disabilities.
The VA conducts a two-step analysis to determine whether a veteran qualifies for a TDIU rating. First, the VA regulation authorizing TDIU requires that the veterans service-connected disabilities satisfy certain percentage rating requirements.
If a veteran has only one service-connected disability, this disability must be rated at 60 percent or more. If the veteran has more than one service-connected disability, at least one disability must be rated at 40 percent and the combined disability rating must be 70 percent or more.
There are always exceptions to the VA’s guidelines. Please contact us to discuss how we may be able to assist you with your TDIU claim.
The adjudication of claims for service connection of PTSD can be complex because there are numerous regulations, Court cases, and Manual M21-1 provisions that must be applied if proper adjudication is to take place.
VA regulations and provisions on PTSD have been amended several times in recent years to reflect new Court decisions and the adoption of the DSM-V. When the law changes while a claim is pending before the VA regional office or Board of Veterans Appeals, the veteran is sometimes entitled to have the claim adjudicated under the most favorable version.
The rules that apply to PTSD claims derive from the three basic requirements for any claim for disability compensation, but the unique nature of PTSD claims causes a few variations.
According to the federal regulations service connection for posttraumatic stress disorder requires medical evidence diagnosing the condition; a link, established by medical evidence, between current symptoms and an in-service stressor; and credible supporting evidence that the claimed stressor occurred.
There are exceptions to the credible supporting evidence requirement which we can discuss with you in detail, when you contact us.
Attorney Wildhaber has seen it all! Nothing about your case will surprise him. He has been going up against the VA on behalf of his clients for over 35 years, fighting for veterans from all corners of the country, in every state and territory. Put his expertise and fight to work for you! Contact him now.