Can a veteran be rated at 100% disabled, even though his total disability compensation does not equal 100%?

In some cases, yes; the Veteran can be rated “totally disabled” even though his or her disability percentage is not 100%.

The Attig Law Firm has helped many  100 disabled Veterans recover a benefit known as TDIU.

What is TDIU for a 100 Disabled Veteran?

Some veterans may be entitled to an additional benefit called “TDIU” – total disability due to individual unemployability.

TDIU effectively raises a veteran’s impairment rating to 100%, when the Veteran meets certain criteria.

Schedular TDIU may be assigned where the impairment rating is less than 100%, AND when it is found that the disabled person is unable to secure or follow a substantially gainful occupation as a result of service-connected disability. The veteran will have to show that the the unemployability is the result of:

1) a single service connected disability rated at 60% or more, or

2) the result of 2 or more service-connected disabilities where the total rating is 70% and at least one disability is 40% or more.

Extra-schedular TDIU is assigned when a Veteran has less than the above ratings, but who is still unable to engage in substantially gainful activity due to service-connected disabilities.

The evidence needed to prove unemployability – as well as learning the distinctions between schedular and extra-schedular TDIU – can be very complicated.

You might want to read about what form you should use in filing a claim for TDIU.

 

Learn more about TDIU in my eBook.

 

 

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  1. Veterans’ Disability Compensation: Does TDIU require filing Form | MSPB and Federal Employee Attorney Blog - [...] In other posts on our Veterans’ Blog, we have talked about a benefit for some veterans called “TDIU” –…

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