Can I Work and Get TDIU? Many veterans are unable to support themselves because of service-connected disabilities. Congress decided to take care of these veterans with a special benefit called TDIU. Also known as Unemployability, TDIU pays the same monthly amount as a 100% disability rating. Under 2019 rates, VA will pay TDIU recipients a minimum of $3,057.13 per month tax free. The whole point of TDIU is to compensate veterans who cannot maintain a full-time job due to service-connected disabilities. In most cases, VA will only award TDIU if the service-connected disabilities combine to at least 70%.
TDIU v Unemployed
The terms “Unemployability” and “Unemployed” look and sound alike, many veterans assume that cannot work to get TDIU. This is a common misconception.
Amount You Can Earn
VA will grant TDIU to a veteran that works if the employment is considered “marginal.” 38 C.F.R. § 4.16(a). VA considers employment “marginal” if the veteran earns LESS than the federal poverty threshold for one person (in 2018, $12,784 per the U.S. Census Bureau).
Sheltered Work Environment
Regardless of your income, you may still be eligible for TDIU if you work in a sheltered environment. Sheltered work environments include self-employment or a family business. If you are your own boss, you can probably take as much time off as your medical conditions require. Similarly, a family business is probably more accommodating to a veteran’s disabilities than the average workplace. Also, your family or yourself would likely pay at a rate higher than you could earn at another job.
Example: Difficult TDIU Work Case
Take the example of a veteran with a 70% rating for PTSD who works as a Financial Advisor. With the help of his doctors, he is able to manage his PTSD symptoms while earning over $100,000 a year. Because he earns above the poverty threshold despite his PTSD, he is not a good candidate for TDIU.
Example: Good TDIU Work Case
A 60 year-old veteran owns a roofing company. He has an 80% overall rating for PTSD, diabetes, and diabetic neuropathy. He lost his last 2 jobs because his PTSD led to angry confrontations with customers and his bosses. This is why he started the roofing business. His PTSD impairs his ability to maintain relationships with friends, clients, and workers. As his diabetes worsened over the years, he hired more workers to handle the physical labor. Over the past 5 years, he hired and fired over 20 workers. During the same period, another 15 workers resigned because of his offensive outbursts. This veteran is eligible for TDIU because he is employed in a sheltered environment.
Are you entitled to work and get TDIU based on marginal employment? Call the experts at Disability Help Group, 1-800-800-3332. Or, click here to request a free evaluation.
If you would like to read more about the regulation on TDIU, click on this link, 38 C.F.R. § 4.16(a).
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Many veterans are unable to earn a living because of service-connected disabilities. Congress created a special benefit called TDIU to help these veterans live comfortably, also known as Unemployability. TDIU pays the same monthly amount as a 100% disability rating. Under 2019 rates, VA will pay TDIU recipients a minimum of $3,057.13 per month tax free. VA will pay an additional amount for each of the veteran’s dependents.
Ways to Get TDIU
A veteran cannot simply state to the VA, “I cannot work due to disabilities related to service.”
First, cannot earn a living
In order to receive TDIU, a veteran must first show they cannot earn a living because of service-connected disabilities. VA will grant TDIU to an employed veteran if the employment is considered marginal. They do not have to be unemployed. VA considers employment to be marginal if the veteran earns LESS than the federal poverty threshold for one person (in 2018, $12,784.00 per the U.S. Census Bureau).
Second, must meet percentage requirements
If the veteran has only one service-connected disability, it must be rated 60% or higher to receive TDIU. If the veteran has more than one service-connected disability, then at least one must be rated 40% or higher. Also, there must be “sufficient additional disability to bring the combined rating” to 70% or higher. The regulation specifies five circumstances in which multiple disabilities “will be considered as one disability”.
Will You Get TDIU?
Disability Help Group has won TDIU for hundreds of veterans. Here are a few examples:
A divorced, 70-year old Vietnam-era veteran had a 20% rating for diabetes, 20% each for diabetic neuropathy in both legs, and 10% each for diabetic neuropathy in both arms. These combined to a 60% rating. As a result of these conditions, he had not worked in 3 years. Because the disabilities all arose from exposure to Agent Orange, we argued that VA should consider them as one service-connected disability and grant TDIU. VA agreed and granted TDIU. His monthly payment changed from $1,062.67 to $3,057.13.
A married, 35-year old Gulf War veteran asked us to help with an appeal for PTSD. She did not have a VA rating and she just lost her job. We submitted evidence to VA to win the PTSD claim. However, we noticed that she lost her last 2 jobs because of her PTSD. She had daily panic attacks, thoughts of suicide, and was hospitalized for PTSD four times in the last year. We argued that VA should grant her PTSD claim at a 70% rating, and then grant TDIU. VA agreed. Her monthly payment changed from $0 to $3,227.58.
A single, 50-year old veteran had a 60% rating for Meniere’s disease. His symptoms prevented him from working a full-time job, but he worked as an Uber driver. Because he earned less than $12,784.00 per year with Uber, VA granted TDIU. He continued to receive his income from Uber, but his monthly VA payment changed from $1,062.67 to $3,057.13.
A: The majority of initial claims are denied and sadly, most claimants become discouraged and do not appeal the VA’s decision. No special form is required to begin the appeal process. All that is needed initially is a written statement that you disagree with the VA’s decision. This statement is known as the Notice of Disagreement, or NOD.
The Notice of Disagreement should state why you disagree with the Regional Office’s (RO) decision. For example, if you feel that the office issuing the decision overlooked or misunderstood some evidence, or misinterpreted the law, your NOD should address that. If you received a decision for more than one claim issue, your NOD needs to be specific about which issue or issues you wish to appeal.
While the NOD is all that is needed to begin the appeal process, you will eventually need to complete a VA Form 9.
Disability Help Group specialize in Veterans’ Disability Compensation claims. We know how to navigate the appeal process and we will file any necessary paperwork on your behalf. CALL US at 1-(800)-800-3332 for a FREE EVALUATION of your claim.
A: Typically, you would file your appeal with the same office (VA Regional Office (RO) or medical facility) that issued the decision you are appealing because that is where your claims file is kept. However, if you have moved and your claims file is now maintained at a VA office other than the one where you previously filed, you should file at the new location, so that your appeal can be kept with your file.
The VA encourages claimants to seek legal or non-legal representation prior to filing an appeal with the Board of Veterans’ Appeals (BVA). We highly recommend securing the assistance of an experienced representative. The appeal process is complicated. You’ll want to get it right from the start in order to avoid further delays or worse, another denial. Disability Help Group will file your appeal and complete all the necessary paperwork on your behalf. Our representatives are highly skilled in cross-examining witnesses and arguing cases in front of the BVA’s judges.
GET STARTED ON YOUR APPEAL. Call us now at 1-(800)-800-3332 and speak to one of trained legal assistants who will evaluate your claim FOR FREE.
A: According to the law, the death of an appellant generally ends the appellant’s appeal. So, if an appellant dies, the Board of Veterans’ Appeals (BVA) normally dismisses the appeal without issuing a decision. However, the rights of a deceased appellant’s survivors are not affected by this action. Survivors may still file a claim at the regional office for any benefits to which they may be entitled. {38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302}
A: Typically, an administrative law judge (ALJ) will decide cases based on the medical evidence in the file – this includes x-rays and other imaging exams, lab panels, treatment notes, and written statements from the claimant and the claimant’s treating physicians. In some cases however, the ALJ presiding over the case may also ask for the claimant’s testimony in an effort to better understand their medical condition and how it affects their ability to function and perform basic work activities (including your past work).
A disability hearing can be an anxiety-provoking event. For this reason, it is especially important to have an experienced representative by your side. Your representative can help you prepare for your hearing and can serve to answer many of the important questions that may arise at your hearing.
If you are asked to testify before an ALJ, your responses to his/her questions should be honest and detailed, but not to the point of exaggeration. This is a time when you should avoid being modest about how your impairment(s) impact your ability to function on a day-to-day basis. For example, if your condition, or the pain resulting from your condition, limits your range of motion in a particular limb or joint, renders muscle weakness, or interferes with your ability to sit, stand, stoop, crouch, reach, grasp, or sleep for a long period of time, you should definitely make these limitations part of your testimony. Being modest about your medical condition is a mistake many claimants make at their hearing.
