What is VA Disability?

VA disability compensation is a monthly, tax-free benefit from the Department of Veterans Affairs to veterans who have mental or physical health conditions tied to their military service. Injuries, diseases, and conditions caused or aggravated during active duty, active duty for training, or inactive duty training are considered service connected conditions that qualify the veteran for VA compensation.

The amount of VA disability a veteran receives is dependent on the severity of their service-connected conditions and whether they have dependents, including an eligible spouse, children, or parents.

VA disability is meant to compensate veterans for damage done to their health and livelihoods in service to our country. The benefit can be collected while also receiving Social Security Disability Insurance (SSDI), without any offset.

VA Disability for Non-Working Veterans

Some veterans seeking VA disability are unable to work because of their health. Total disability based on individual unemployability (TDIU) is a benefit for vets who can’t work because of one or more service-connected conditions.

VA TDIU benefits provide the same monthly payment as a 100% rating without your conditions being rated at that level. About 375,000 veterans receive TDIU benefits each year.

According to VA disability law, qualifying for schedular TDIU requires you to have at least one service-connected disability rated at least 60% OR two or more service-connected disabilities, at least one disability ratable at 40% or more, with a combined rating of 70% or more.

Appealing a VA Disability Rating Decision

Veterans who apply for VA disability or TDIU do not always receive the outcome they are hoping for or deserve. The VA may deny the claim outright, either stating the health issue is not service connected or not disabling enough to qualify for compensation. The VA may also grant a claim but at a lower rating than what the veteran believes is warranted.

Veterans who disagree with a rating decision have the right to appeal. There are several options to review a disability claim decision through three potential paths. These paths may or may not require additional evidence from the veteran. Each method of appealing takes a different amount of time to complete. If the VA denies a claim a second time, you can typically file another appeal, and as long as it is filed within a year the claim will maintain the effective date of the original claim.

Connect With a VA Disability Lawyer

If you appeal a VA rating decision or are seeking TDIU, you may want to consider getting legal help. Knowing which type of appeal to file, choosing what forms to use, understanding all the VA’s lingo, and gathering the correct evidence can be frustrating and difficult. An accredited VSO or VA disability lawyer is trained on VA processes and appeals and may be able to better help you get the benefits you deserve.

If you are a non-working veteran seeking VA disability, our firm can assist with getting you the expert legal assistance you deserve.  We partner with law firms specializing in this field.  Contact us today to arrange for your free consultation. We can help you explore your options for appealing.