VETERANS DISABILITY BENEFITS ATTORNEYS

Over time, your service-related disabilities can interfere with your job. If you cannot work at your current job or sustain employment, you may be eligible for a Total Disability based on Individual Unemployability (TDIU). 

TDIU enables veterans to be compensated at a rating of 100 percent, even if their total service-connected rating does not add up to 100 percent. To be eligible, you must meet specific requirements, including:

• The veteran has one service-connected disability rated at 60 percent or more.
  
  
• The veteran has two or more disabilities with one disability rated at 40 percent or more, with a combined rating of 70 percent or more.

Based on the severity of the service-connected condition, the Department of Veterans Affairs (VA) assigns a rating from 0 percent to 100 percent, typically in 10 percent increments.

If you have more than one disability, the VA uses a combined disability rating system that does not follow "normal" math. Instead of adding your disability ratings, VA math factors a single rating into the percent you are considered “able.”

You Have The Following Service-Connected Disability Ratings:

• 30 percent rating for a neck injury

• 20 percent rating for a right knee injury

Based on these ratings, you would assume your combined rating would be 30 + 20 = 50 percent

However, the combined rating math does not simply add all of the ratings together to calculate your total disability. Instead, the VA racks and stacks the disabilities in descending order. In this example, disabilities are ranked 30 percent and 20 percent. The combined disability math is:

30 percent rating:

100 (the initial baseline for all Veterans) x 0.3 = 30

• 100 - 30 = 70

• 70 is your new baseline

20 percent rating:

• 70 x 0.2 = 14

• 70 - 14 = 56

Final combined disability rating:

•  100 - 56 = 44

•  The disability rating is 40 percent

VA Disability Calculator

The VA disability claim process encompasses several steps, including the initial filing, potential denial, and subsequent appeals if necessary. It begins with submitting your claim to the VA, which then evaluates your medical evidence to determine eligibility for benefits. If your claim is denied, you have the option to appeal, which involves various stages such as the Supplemental Claim, Higher-Level Review, or Board of Veterans Appeals (BVA).

Utilizing a Veterans Service Organization (VSO) for your VA claim can be beneficial, as they offer valuable assistance and support throughout the claims process. VSO representatives are knowledgeable about VA procedures and can help gather necessary evidence, complete paperwork accurately, and advocate for your rights. They provide invaluable guidance, especially during appeals, ensuring your claim is presented effectively and maximizing your chances of success.

When filing a VA disability claim, gathering comprehensive evidence is crucial to support your case effectively. This evidence typically includes medical records documenting your service-connected injury, illness, or condition, as well as any relevant treatment history. Additionally, statements from healthcare providers detailing the severity and impact of your disability are essential. Other supporting documents may include lay statements from yourself or colleagues detailing how your disability affects your daily life and work capacity. Ultimately, the more compelling and thorough your evidence, the stronger your claim will be.