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What Is Total Disability Individual Unemployability (TDIU) for Florida Veterans?

Total Disability Individual Unemployability (TDUI) is a benefit for disabled veterans who have a service-connected disability that impacts their ability to secure and maintain substantially gainful employment. If eligible, TDIU benefits will provide a veteran with the same amount they would receive for a 100% schedular rating—even if their total combined rating doesn’t add up to 100%. If you plan to apply for TDIU or your application was denied, speak with an experienced Orlando veterans’ disability lawyer who can help.

At the Law Offices of Shea A. Fugate, P.A., we have years of experience helping Florida veterans with all their VA disability needs. We understand how the process works, and we can help you avoid the common mistakes that most people make when applying for TDIU.

Benefit Amount for TDIU

Disabled veterans can receive a little over $3,000 a month, which is the same amount as the highest schedular benefit available. Recipients also receive free healthcare and some other ancillary perks. If you have a spouse or dependents, the amount could increase.

Eligibility Requirements for TDIU

To be eligible for TDIU, you need to have a service-connected disability that keeps you from obtaining work. If your application is based on a single-service-connected disability, you must have a rating of at least 60% to be eligible under a schedular basis. If you are a veteran with multiple service-connected conditions, then your combined rating must be at last 70%, plus one of your conditions must have received a minimum of 40% rating.

No matter which scenario you qualify under, you must be unemployable because of your service-connected conditions. In the event you don’t qualify, there is still the option to apply for an “extra-schedular” rating, which means the VA looks at several factors to determine whether your situation is unusual or exceptional, which renders the VA’s rating method inadequate. Potential factors the VA looks at include education, work history, hospitalization periods, and your service-connected conditions. The VA reviews extra-schedular TDIU on a case-by-case basis. It would be best to prepare a very compelling appeal and have thorough documentation and evidence before the VA will consider granting extra-schedular TDIU benefits.

Working While Receiving TDIU Benefits

Because TDIU benefits are tied to your inability to work, there are only minimal scenarios where you could maintain any type of work and still receive these benefits. One example is marginal work. Marginal work is something that the VA does not regard as substantially gainful and won’t yield any earnings above the poverty level. Examples could include contract work, part-time jobs, sporadic work, or seasonal jobs.

Contact an Orlando Veterans’ Disability Lawyer

Applying for VA disability benefits can be a complicated process. It’s best to retain a skilled and knowledgeable Orlando veterans’ disability lawyer who can help. Hiring an attorney before your initial application can help improve your chances of approval rather than waiting until you receive a denial and hiring us to assist with your appeal. To learn more about how we can assist with your veterans’ disability case, contact the Law Offices of Shea A. Fugate, P.A. today to schedule an initial meeting.


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