TDIU or IU or unemployability is a pathway to reach a 100% rating when you don't reach the rating by adding up your conditions by  The Schedule  but you still aren't able to work at gainful employment because of the cumulative effect of your rated disabilities.

To be eligible for the TDIU benefit you must have at least a single rating of 60% or greater or a rating of 70% or greater with at least one rating of 40% or greater in the mix.

The TDIU benefit may be temporary or it may be permanent in the way it's assigned to you and it is equal in every way to a 100% schedular rating other than you are not allowed to work at Gainful Employment.

Many veterans mistakenly attempt to change their 100% TDIU rating for a 100% schedular rating in the false hope of some sort of increased benefit. That's a waste of time and often backfires when VA reviews the record and lowers a rating.

The link you see below takes you to a talk given years ago and is a great explanation of the details of the TDIU benefit.

You may want to consider whether you are eligible for   Extra schedular ratings under 38 C.F.R. § 3.321(b)

TDIU...how it works, what you need to know

Published in 2005, this is the best explanation of the TDIU benefit you'll find. 

What Is IU
Individual Unemployability or IU is the basis on which the Department of Veterans Affairs pays service-connected disability compensation at the rate payable for a 100-percent evaluation to qualified veterans with combined evaluations that are less than 100 percent.  

Regional office decision-makers assign IU ratings when veterans meet minimum combined evaluation criteria and, in the judgment of the rating official(s), are unemployable due solely to their service-connected conditions. 

In exceptional circumstances, regional offices may refer cases that fail to meet the minimum combined evaluation criteria to the Director of the Compensation and Pension Service for consideration of an IU rating.

Continue Reading...

Total Disability Individual Unemployability

TDIU, IU, Unemployability

Drew Early

Veterans Law Attorney
 Graduate of the US Military Academy West Point, 20 years of active Army service, multiple deployments,

XVIII Airborne Corps, and Third Army, Airborne and Master Explosive Ordnance Disposal badges. 

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Stateside Legal Help For Veterans

 Code of Federal Regulations

Title 38 - Pensions, Bonuses, and Veterans' Relief

​Volume: 1

Date: 2019-07-01

Original Date: 2019-07-01

Title: PART 17 - MEDICAL 

"It's a little like wrestling a gorilla. You don't quit when you're tired.

You quit when the gorilla is tired."  —  Robert Straus

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JANESVILLE, WI

53547- 4444
Toll Free Fax:

844-531-7818​

Jim Strickland is a Vietnam era Army veteran and nationally recognized expert on VA

disability benefits. Jim writes extensively about VA and Social Security disability benefits. 
Jim's Mailbag is a regular column featured at  Stateside Legal  where veterans, servicemembers,

and family members can  ask Jim their questions  about VA and Social Security disability benefits. 

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Two options explaining the

Benefits you've earned.

Thomas J. Seiter, Jr., M.D.

Nexus Letters

Independent Medical Opinions

Nationwide Representation

Government leaders to their workers: Get vaccinated or get tested

​“Whenever a Veteran or VA employee sets foot in a VA facility, they deserve to know that we have done everything

in our power to protect them from COVID-19,” Veterans Affairs Secretary Denis McDonough said in a statement Monday.

“With this mandate, we can once again make — and keep — that fundamental promise.”

Independent Medical Opinion / Nexus Letter

The Board assigns significant probative weight to the September 2019 independent medical opinion of D.B.M., M.D 
finding it is at least as likely as not that the veteran’s present left knee condition is the direct result
​of his motor vehicle accident injuries that occurred while on active duty.

​​Alabama

Gregory Rada  Veterans Law Attorney

Military Veteran - Operations Enduring Freedom and Iraqi Freedom

VA disability appeals, TDIU claims, MST, PTSD, other mental health disability claims, appeals and veterans disability claims processes.

Attorney Rada offers free telephone case evaluations and nationwide representation.

Veterans Psych Evaluations
 Brett Valette, Ph.D.

Providing Military Veterans Personalized Psychological and Medical Evaluations. Complete the Contact form, and you'll get a personal phone call from us. We listen, and want to know what you are going through. We provide Independent Medical Evaluations (IME), Independent Medical Opinions (IMO) and nexus letters for ratings reviews, secondary conditions, medical conditions, discharge upgrades, and many types of denied claims.  We also provide Social Security Disability claim reports.

Some Wounds Can't Be Seen        Contact Us Today

VA Online Scheduling (VAOS) lets eligible Veterans request community provider appointments

(​This looks simple enough. There are only 4 different links you have to click-through to get to ever more complex instructions.

I'll try to use this today. I have no hopes I'll be able to get any appointments. /s/ Jim)

INN TO THE FOREST

​Lodging & Camping in southern Illinois with access to the Shawnee National​

We offer lodging, camping,

​stabling, corral, pasture,

access to a hunting lease and discounts for America's

military veterans!

Are Social Security Disability Benefits Set for Life?

Once SSDI begins, is there any way to increase the benefit amount?

Veteran Disability Claims 

Nexus and IMO Letters

Jim Strickland

jim912@gmail.com

I'm in Florida, up in the  NE corner near Jacksonville.

Are you close? The coffee is on me.

<jim912@gmail.com>

Roger Hale, Esq.

​Veterans Law Attorney        Personal Injury Law

Nationwide Representation        Free Veterans Consultations
Workers Compensation  -  Social Security Disability  -  Pain & Suffering  -  Emotional & Mental Anguish​​

The Government Attic.org

​Fascinating historical documents, reports on items in the news, oddities and fun stuff and government bloopers, they're all here.

Hodes Milman LLP

Veterans Medical Malpractice

1151 Claims​​

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Filing your claim for VAbenefits isn't as hard as some want you to believe. Let's set the effective date of any claim you file in the next year. This one is easy so let's do it right now.

Intent To File A Claim Form

About the Nexus Letter

The professionally written   Nexus Letter   is often the single most valuable tool we have at our disposal to win claims. If you doubt any of that please go to the  Board of Veterans Appeals and use their search  to look for cases with Nexus Letters or IMOs. You'll find, "...the Board finds the September 2019 Independent Medical Evaluation Report to be probative even though the Veteran’s service treatment records are silent...". I've referred vets to a small handful of reliable doctors for years. I've received hundreds of positive messages that tell me that the IMO/Nexus Letter works for you as well as it did for me. If you're caught up in an appeal and you aren't sure what else you need or if you want to file a new claim and prevail without a lot of fuss...talk with these doctors and make a plan to win.

Good luck!  /s/ Jim

Veterans Struggle to Get Copies of Needed Service Records Due to Pandemic
Access to some VA benefits, services delayed as backlog of requests hits 500,000

The National Personnel Records Center (NPRC)

The NPRC
Military Records

​​​​​​​​​​​​​​​The VA Watchdog

Accredited Legal Referrals

This Is The Home Of

The Expert Nexus Letter Provider


​​​​The VAWatchdog is here to help you receive the benefits you earned.

/End/​​​​

Hey Jim:  This Court of Appeals decision is a bit of a smack-down for VA’s implementation of the Appeals Management Act. VA will need to relook what they are doing under AMA - although this case only speaks to three specific regulations, a broader relook of their overall implementation of AMA would probably be prudent. /s/ Drew

Decided: July 30, 2021

​Congress enacted the AMA in 2017 to reform the exist-ing VA administrative appeals system, which was,

by all accounts, “broken,” marked by lengthy delays, and plagued with a formidable backlog of cases. 

More problematic, however, was the “continuous evidence gathering and readjudication

of the same matters”that caused appeals to “churn” in the system.

​MILITARY-VETERANS ADVOCACY, Petitioner v. SECRETARY OF VETERANS AFFAIRS

38 CFR Book C 

Schedule for Rating Disabilities

Independent Medical Opinion / Nexus Letter

In a November 2011 nexus statement, the Veteran's neurologist opined that that the Veteran's progressive supranuclear

palsy is most likely caused by or a result of his exposure to Agent Orange. The neurologist explained that PSP is a

movement disorder very similar to Parkinson's disease. The neurologist further explained that PSP affects the same areas

as Parkinson's disease and is possibly causally related to chemical exposure such as Agent Orange. 
The Board finds that the evidence is at least in equipoise regarding service connection for progressive

supranuclear palsy and will resolve reasonable doubt in favor of the Veteran.

​​​​C&P Service Clinician’s Guide

This is your C & P examiners guide.

The language used in this guide is very much in effect at your VA. When you have a nexus letter, it should conform

to the phrases you'll find here. For example, your doctor should write "More likely than not" when talking of service connection.

That phrase wins claims, anything less may not.

See Page 14  Section 1.16  How do I give an opinion for nexus (relationship to a military incident?

TDIU

VA unemployment benefit would be protected under this plan

​​A new House proposal would make the Department of Veterans Affairs Individual Unemployability program

permanent even for elderly veterans, following attempts in recent years to pare back the benefit. President Donald

Trump’s administration, which proposed cutting back on the benefit for veterans after they reach retirement age.

How to file a VA

disability claim
Find out how to file a claim for disability compensation

or increased disability compensation.

Download VA benefit letters
To receive some benefits, Veterans need a letter proving their status. 

When You Hit A Dead End

​White House Hotline

855 - 948 - 2311    

< Denis.McDonough@va.gov >

Yes, this really works. No, it doesn't ring in the White House.

Be sure to include your DOB, your last 4, contact info...a couple of numbers, your preferred email and such. 

Describe the problem as briefly as you can. Don't rant​​

Tell them you read about this at The VAWatchdog Dot Org...they know who we are.

Intent to File

Too many of us skip this important

step.Spending a few minutes taking care of this may give you months

of additional benefits.

You may file claims on  eBenefits  or you can mail them in using certified mail or you can even fax them in. 

Jim's

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