Some Conditions Render Veterans Totally Disabled (38 CFR 4.16)
A veteran is entitled a 100 percent disability rating if one or more service-connected disability[ies] precludes them from engaging in “substantially gainful employment.” A substantially gainful occupation is defined as that which provides annual income exceeding the poverty threshold for one person. Generally, In order to qualify for TDIU benefits, a claimant must meet the following requirements:
- If the claimant has only one service-connected condition, that condition must be schedular rated at least 60% or more;
- If the claimant has two or more service-connected conditions, at least one of those conditions must be rated at 40% or more, and the veteran’s combined disability rating must be 70% or more; and
- In either case, the veteran must be unemployable because of his or her service-connected conditions.
However, if these criteria are not met, the veteran can still petition the VA for an “extra-scheduler” rating at 100 percent. This means that the VA will consider several factors to determine whether your case is so “exceptional” or “unusual” that the regular rating method used by the VA is inadequate. Some of these factors the VA considers include your work history, education, periods of hospitalization and your service-connected disabilities. Are you service connected for a disability that prevents you from engaging in substantially gainful employment? If so, VA Disability Group PLLC may be able to help you.
Contact VA Disability Group online now to learn more or call 1-844-VETLAWS (1-844-838-5297).