You may be able to get disability compensation if you have a current illness or injury (known as a condition) that affects your body or mind and you meet at least one of the requirements listed below.
Both must be true: (1) You served on active duty, active duty for training, or inactive duty training; and (2) You have a disability rating for your service-connected condition.
And at least one of the following must be true: (1) You got sick or injured while serving in the military—and can link this condition to your illness or injury (called an inservice disability claim); or (2) You had an illness or injury before you joined the military—and serving made it worse (called a preservice disability claim); or (3) You have a disability related to your active-duty service that didn’t appear until after you ended your service (called a post-service disability claim).
Presumed disabilities -- If you have a disability that’s been diagnosed by a doctor and relates to your military service, you may be eligible for disability benefits based on a presumption of disability. This often applies to long lasting illness (chronic conditions) that appeared within 1 year after discharge from the military, or an illness caused by contact with toxic chemicals or other hazardous materials, or
an illness caused by your time spent as a prisoner of war.
Even with a less than honorable discharge, you may be able to access some VA benefits through the Character of Discharge review process, which can take up to a year. At the same time, you can ask for a Discharge Upgrade at the same time you apply for the Character of Discharge review. You have a strong case for a discharge upgrade if you can show your discharge was connected to any of these categories: (1) mental health conditions (including PTSD), (2) traumatic brain injury, (3) sexual assault or harassment during military service, and (4) sexual orientation.
If you need mental health services related to PTSD or other mental health problems linked to your service (including military sexual trauma), you may qualify for VA health benefits right away, even without a VA Character of Discharge review or a discharge upgrade.
If you have a disability rating of 30% or higher, you may be able to add eligible dependents to your VA disability compensation to get a higher payment (also called a “benefit rate”). Find out how to add eligible dependents.
TDIU benefits are for veterans that cannot keep or obtain gainful employment. You must not be able to work because of mental and physical impairments. Those disabilities must be related to your time in the service and be considered serviced-connected to receive benefits.
Secondary service-connected benefits count toward your Total Disability Individual Unemployability benefits claim. For example, if a veteran was exposed to Agent Orange and developed diabetes, all conditions from diabetes are also considered service-connected. TDIU benefits pay the same as a 100% VA Disability rating. Veterans who are eligible for TDIU benefits should receive a minimum of $2,978.86 a month. There is extra compensation for veterans who have dependent children and parents.
TDIU benefits are monthly payments that start at $2,978.86 per month and are for veterans that have employment problems. So, if you have trouble keeping or obtaining gainful employment, you might be eligible. Odd jobs do not necessarily count as employment to the Veterans Administration.
It does not matter if you have prior denials of TDIU benefits. You can appeal or re-apply. There is no limit to how many times you can apply for TDIU benefits.
We are honored to help disabled veterans. Call us for a free claim evaluation. We will also assist you in filing your Veterans' Disability benefits application. If you are awarded Veterans Disability benefits as a result, then you us nothing. If you are denied benefits, you have the option to hire us to file your appeal. The appeal must be filed within one year from the date the VA denies your claim. If that deadline is missed, then you may have to re-apply.
If we win your appeal our fee is 25% of your backpay and case expenses. Many firms charge 33%. We do not touch your future benefits. If you do not win your appeal, then you owe us nothing nor do you owe for any of our expenses. There are no hidden fees.
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Veterans, Veterans Benefits, Access to Justice
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