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.