Total Disability Individual Unemployability Attorney San Diego CA

Veterans disability is not a simple subject. The United States Department of Veterans Affairs assigns veterans a percentage of disability based on the degree to which it is determined they are disabled. Even if a veteran receives a 100 percent disability rating, there is also variation in the amount of compensation available to him or her based on certain guidelines. The VA often uses confusing terms such as TDIU or IU, 100% P&T, and 100% schedular. It is important to understand what these terms mean, how they are different from each other, and the impact they have on the veteran’s compensation level.

Veteran in wheelchair

What is TDIU vs. IU?

IU stands for Individual Unemployability, and is the general term used by the VA as a rating for disability. TDIU is a special subset of IU that refers to Totally Disabled based on Individual Unemployability. Technically, this means the veteran is 100% disabled. To qualify for TDIU, a veteran must show:

  • He or she was honorably discharged
  • He or she in unable to seek, obtain or hold employment based on service-connected disabilities
  • He or she is unable to maintain employment that pays compensation at or above the poverty level

Meeting the test for TDIU is the first hurdle. However, after this, the veteran then must meet one of two additional criteria to be considered for compensation:

  • The veteran must have a disability rating of 60% percent or more from a single service-connected disability; or
  • The veteran must have a combined disability rating of 70% or more from more than one service-connected disability, at least one of which must have a rating of 40% or more.

While this may sound confusing, essentially it sets the floor for a total disability rating. It bars veterans from combining several smaller disability ratings to reach the 100% threshold. This means that if a veteran misses that mark by even a small percent, he or she may be denied total disability, even if the injury or condition suffered is debilitating and life-altering. In these cases, an appeal may be necessary to correct the rating.

Is TDIU Permanent?

TDIU is not automatically permanent, although it may be so. The VA typically looks at whether there is progress in the veteran’s case and whether or not he or she is able, at a later time, to gain and keep employment. If the veteran is able to be employed, the TDIU ruling may be lifted and benefits may be withheld. If the veteran is over 70, TDIU is generally granted for life. Additionally, after receiving TDIU for 20 years or more, it is rare for it to be revoked.

What is a 100% Schedular VA Rating and a 100% P&T Rating?

While TDIU and 100% schedular are similar, they are not the same thing. Normally, a veteran with a TDIU ruling is barred from gaining employment. However, in a 100% schedular rating, the veteran may be granted 100% disability due to the cumulative impact of several smaller disabilities, even if the total of those disabilities is not 100%. Because the rating is not technically 100%, the veteran may still be free to gain employment provided he or she meets certain tests. The rating may be changed at a later time if it is determined the veteran has recovered sufficiently to gain permanent employment and become self-sustaining.

A 100% P&T stands for 100% disabled, permanent and total. Veterans seeking this rating must be able to show that their condition has a reasonable certainty of continuing for life. As with a schedular rating, it is not necessary for a single injury to constitute 100% of the disability; the ruling may come from a culmination of more than one injury or disability. Once a veteran receives this rating, it will may be valid for his or her lifetime.

100% P&T entitles a veteran to additional benefits over and above what TDIU and 100% schedular disability recipients receive. These benefits include:

  • Free medical and prescription drug coverage for life
  • Spouse and children educational benefits under Dependents Educational Assistance (DEA)
  • Health insurance for spouse and children under CHAMPVA
  • Benefits for spouses and children under the age of 18 if the veteran passes away within 10 years of being 100% rated disabled

Benefits Associated With a 100% Disability Rating

With any 100% disability rating, veterans are eligible for a number of benefits, including:

  • VA Home Loan Funding
  • Reduction of property taxes
  • Travel pay reimbursement for expenses related to healthcare travel
  • Vocational rehabilitation services
  • CRDC–Concurrent Retirement and Disability pay
  • Health Care Priority Group 1 Status, which eliminates copays for medical procedures
  • Preventative care for a number of conditions
  • Hospital care
  • Mental health care
  • Home health care
  • Dental care
  • Nursing home or geriatric health care
  • Medical equipment, including prosthetics
  • Adaptive automotive equipment such as driving assistants and loading/unloading equipment for wheelchairs
  • Eyeglasses and hearing aids
  • Home improvement for wheelchair ramps and other upgrades
  • Emergency care and foreign medical care services

In some cases, veterans may also be entitled to property tax waivers, free vehicle registration and other benefits based on their state of residence.

What is Special Monthly Compensation?

Special Monthly Compensation (SMC) is the name given to additional benefits for veterans, at a higher rate of compensation paid due to special circumstances such as the need of aid and attendance by another person or by specific disability, such as loss/loss of use of arm(s) or leg(s), or loss of use of a creative organ.

In order to qualify for Special Monthly Compensation, veterans must show they have certain needs or disabilities that qualify.

In addition, veterans who qualify for total disability may be able to apply for supplemental life insurance coverage with premium waivers. Policies up to $30,000 may be available to them.