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.

Trademark vs. Copyright - AVVO

The differences in trademark vs. copyright law are subtler than they might first appear. Understanding the difference between the two, and what they can protect, is a crucial part of protecting your company’s intellectual property.

» Read more

At-Will Employment: What does it really mean for your business? - Business.com

At-will employment is a default grounds of employment in most sates. Learn more about the specifics surrounding at-will employment, including exceptions to the rule and how you can protect your business when terminating at-will employees.

» Read more

WCC Info

In 1855, Georgia and Alabama passed Employer Liability Acts; 26 other states passed similar acts between 1855 and 1907. These acts permitted injured employees to sue the employer and then prove a negligent act or omission.(A similar scheme was set forth in Britain's 1880 Act.)

» Read more

WCC Frequently Asked Questions

The OWCP provides wage replacement benefits, medical treatment, vocational rehabilitation and other benefits to federal workers or their dependents who are injured at work or acquire an occupational disease.

» Read more

OSHA Reporting Rule Takes Effect - National Law Review

On December 1, 2016, OSHA began enforcement of the anti-retaliation provisions of its new and controversial Reporting Rule. Beyond mere reporting, the Reporting Rule contains provisions designed to prevent employers from retaliating or discouraging employees from reporting injuries.

» Read more

The Maryland Senate recently passed a bill which will give almost 700,000 Maryland workers paid sick leave - US News

Businesses that have 15 or more employees would be required to provide paid sick leave for their employees under a measure that passed the Senate on Thursday by just enough votes to override a promised veto from Gov. Larry Hogan.

» Read more

What happens to the family dog after a divorce? - New York Times

When couples get divorced, children are not the only ones who can get caught in custody disputes. Fights over other members of the family — beloved pets — can be equally acrimonious.

» Read more

A lot of thought and planning goes into filing for bankruptcy - Advisory HQ

Bankruptcy is becoming much less taboo in today’s society. It is no secret that many middle class Americans face financial hardship. In fact, nearly half of this cohort would be hard-pressed to come up with $400 in an emergency.

» Read more

Recent Case Summaries

Complex business litigation with multiple defendants and cross claims was filed in circuit court and district court over breach of an oral contract for services and the sale of a business. Settlement was achieved at mediation for $80,000.00.

» Read more

Solo/Small Firm Succession Planning Presentation

On September 14, 2016, Chester H. Hobbs, IV presented information on Solo/Small Firm Succession Planning to the Estates and Trusts Committee of the Baltimore County Bar Association.

» Read more

Pages