If you are a Veteran of the Armed Forces and have a disability associated with your service that prevents you from working, you may be eligible for VA disability benefits from the Veterans Administration (VA). You may be entitled to Total Disability Individual Unemployability (TDIU) benefits if you can show that you can no longer work and meet the other eligibility requirements for these benefits.
Eligibility Requirements for TDUI Benefits
Veterans can qualify for a 100 percent disability rating, also referred to as a TDUI rating, if they can show that they can no longer perform any substantial gainful employment due to a service-related condition. In order to be considered substantial gainful employment, Veterans must earn more than the poverty level set by the federal government.
Both physical and mental disabilities can qualify Veterans for TDUI benefits. These are disability benefits that are paid to Veterans on a monthly basis. They may also be eligible for additional payments for dependent children or parents. In order to qualify for these benefits, Veterans must show:
- They are a Veteran.
- They were not dishonorably discharged.
- They have service-connected disabilities.
- They have at least one service-related disability that is rated at 60 percent or more or two or more service-related disabilities, with one being rated at 40 percent or more and the combined disability rating is at least 70 percent.
- They have been unable to maintain substantial gainful employment due to their service-associated disabilities.
When Veterans Can Work and Be Eligible for TDUI Benefits
Veterans may be able to continue to work and receive TDUI payments in these situations:
- They do not earn more than the federal poverty level, which makes them only marginally employed.
- They work in a protected work environment, such as a family business or a job that provides them with specific accommodations. The VA does not consider working in a protected work environment to be substantial gainful employment, even if the Veteran’s wages are above the poverty level.
Are you applying for VA disability benefits? Was your application denied? Let our knowledgeable VA disability attorneys in Roswell help you fight for the benefits you are entitled to. Call our office to schedule your free consultation today.