Skip to main content

Dolina Hobbs, LLC
82 W Washington St, Suite 200, Hagerstown, MD 21740 [Map]
Call (301) 739-1013 / (877) 739-1013  •  Fax (301) 739-6432
infodh@dolinahobbs-law.com

You are here

TDIU: How to get 100% VA benefits without being rated at 100%

Disabled Veterans can get 100% VA Disability benefits without being rated at 100%. As we have discussed in previous articles, getting to 100% is actually quite difficult. For instance, you can have a 70%, a 50%, and a 40%, but it just doesn't add up to 100%.

The solution, for those who have siginificant VA Disabilities, is Total Disability based on Individual Employability, or TDIU or IU for short. If one or more of the Veteran's Disabilities leaves the Veteran unable to find gainful employment, the VA grant 100% disability using TDIU.

There are three ways of getting there:

1. One disability rated at 60% or higher,

2. Two or more disabilities where one is rated greater than 40% and the total, combined ratings are greater than 70%.

3. Extra-Schedulre TDIU: If the ratings fall below the threshold outlined above, you can still apply for it, but it's harder to win.

So what is gainful employment? The VA defines gainful employment as working above the poverty line, which is about $12140 per year in 2018. However, there are exceptions to this rule. Even if you make more than the poverty line, you can still qualifiy for TDIU if you are working in "sheltered" employment. Unfortunately, the VA has not done a great job defining sheltered employment, but it usually means that you are self-employed or work for a family member and cannot get fired.

We have seen a number of Vets come to us saying "I don't want TDIU, I want to work." As said above, you can work and receive TDIU under certain circumstances. If you are on TDIU, and you return to work, you must notify the VA in writing. The VA may decide to remove your TDIU status.

But what if the Social Security Administration has found me totally disabled? The Social Security Administration and the VA use different standards. The SSA looks at all of the Veteran's disabilities, whether or not they are service-connected. The VA only looks at Service Connection for the purposes of TDIU.

If the VA decides to remove your TDIU status, you should IMMEDIATELY contact an Accredited VA Attorney. If you believe you may be entitled to TDIU, and the VA has not granted it, please contact us immediately. As always, the Veteran's Benefits Team at Dolina Hobbs stands by to assist.

Disclaimer
The content provided on this website is for informational purposes only and not for the purpose of providing legal advice. Use of and access to this website or any of the contacts contained within the site does not create an attorney-client relationship between the firm and the user. The opinions expressed through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Contact an attorney to obtain legal advice.

My VA Rating Doesn’t Make Sense! Unpacking VA Math.

We get this call all the time. It goes like this: Veteran: I have a 50% rating on my lumbar spine, a 70% rating for PTSD, and 10% rating for hearing loss/PTSD. Why am I not rated at 100%? The numbers add up!Us: You’re doing regular math, not VA Math! The VA uses something called a Combined Ratings Table. First, the ratings are ordered by severity. So, for the Veteran above, the ratings would be ordered 70%, then 50%, then 10%. Then, we subtract the largest rating from 100%. In this case, 70%...

» Read more

What’s My Maryland Car Accident Case Worth?

We get this question daily, and unfortunately, there is no quick way to answer. When we, as Maryland Car Accident Lawyers, evaluate a case, we look at a number of factors:

» Read more

Big Changes in Maryland Car Insurance Law

First, a preliminary disclaimer. This article is longer than usual, but deals with some important changes in the law. Please read all the way through. Every situation is different, and this article should not be construed as legal advice. With regards to new insurance products, please contact your insurance agent for the best advise for your situation. If you been in a Maryland car accident, please contact us.

» Read more

What is Uninsured and Underinsured Motorist Insurance?

In short, Uninsured and Underinsured Motorist, or “UM/UIM” coverage kicks in when you are in an accident, and the at-fault driver (the one that caused the accident) either a) is completely uninsured or b) does not have enough insurance coverage to pay for all of the damage they have caused. As an example, let us say you are in a terrible accident caused by a driver who simply does not have insurance for one reason or another. You would then file a claim against your own UM policy.

» Read more

VA Disability Claim Update

Pain can be a disability, according to a recent case decided by the Court of Appeals for the Federal Circuit. In order to receive VA Disability Compensation, the Veteran must establish three things:

» Read more

Accidents and Self-Driving Cars: Who is responsible?

Companies from Silicon Valley to Detroit to Stuttgart are currently working to replace drivers with computers. Uber, amongst others, are road testing their designs and one of their autonomous vehicles recently struck and killed a pedestrian in Tempe, Arizona. In cases such as these, who is ultimately responsible for the crash? Right now, that’s an open-ended question, as autonomous vehicles are still operating in a legal gray area.

» Read more

Employer Support for Active Military

The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a provision in federal law that requires an employer to allow an employee to return to their job when they return from Active Duty. For instance, if you are an Army Reservist called to Active Duty for training, domestic mobilization, or overseas deployment, your employer is obligated to give your job back when you return, provided you re-apply in a prompt manner.

» Read more

Maryland Mandates Paid Sick Leave

After a hard-fought battle, mandated paid sick leave will soon become law in Maryland. In 2017, Governor Lawrence J. Hogan vetoed a Senate bill requiring businesses with fifteen or more employees to provide paid sick leave to its employees. On Friday, January 12, 2018, the Senate voted 30-17 to override Governor Hogan’s veto. The bill will become law after 30 days.

» Read more

Volvo Reaches $70K Settlement After Refusing to Hire Worker on Suboxone - Daily Record

The U.S. Equal Employment Opportunity Commission has reached a $70,000 settlement with Volvo Group North America LLC in a lawsuit accusing the company of refusing to hire a worker at its Hagerstown plant after he disclosed he was taking medically prescribed suboxone as treatment for drug addiction. Volvo also will institute a three-year consent decree to keep the company from violating the Americans with Disabilities Act.

» Read more

Maryland Workers' Compensation Q&A

Workers' Compensation is a type of insurance provided by employers to employees and covers work-related injuries. As a result of employers providing this benefit to employees, the employees relinquish their rights to sue the employer for negligence for work related injuries.

» Read more

Pages