tdiu What Are The Requirements For 100% Unemployablility

[ammodad]

hello all , i hope this finds you all doing well and still fighting the good fight . i am awaiting a ruling on my unemployablility . i am rated at 70 but with the math system the va uses that means 60 go figure if it were in there favor they would want the full 70 ?

i have a question for those who happen to know this type of info what are the requirements for me to actually get the 100% unemployability . this is what i read. "Provided, That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability. but for the life of me i dont understand it could someone brake it down for me ??

please forgive me if i have asked a foolish question there is alot about this va thing i dont get

[Pete53]

Some would like you believe that there is a fixed criteria but most important of all you must be service connected for something that makes it impossible for you to work at a regular job.

Welcome to Hadit

[john999]

If your disability makes it impossible for you to work and you have good proof of that then the VA can redo the math to make it come out right. I was IU with 30% and the VA bumped me up to 70% and then awarded IU. The VA likes to stay within the lines but the law is clear that if you can't work solely due to your SC disability then you should be IU.

[Berta]

Medical evidence is what it takes-

meaning a statement by a medical doctor that your are unable t0 work due to service connection.

Also SSA awards for the same claimed disability are in essense IMos supporting a TDIU claim- as an SSA doc has stated you are unemployable due to conditions that -if proven nexus- should be SC.

Also of Voc Rehab tells a vet (in documentation)that their SC makes them unfeasible candidate for Voc Rehab- this is evidence from VA otself that a SC disability renders one unemployable.

The full regs are within 38 CFR 4.16.

[callover007]

AMMODAD,

If I am not mistaken you need to know about 2 disibilities adding up. If it is what it means is: say you had sc lung surgery and get 30%. during surgery thay have to cut one of your ribs to remove lung, so they award you 10%. During surgery they cut you open and upon sewing you back together they leave a big scar and grant you 10% for that.

Percent =

30%+10+10 to make 43%, rounded to 40$, thus qualifing the requirment of 40% for one.

Same for DMII, perfiphal neuropthy- the DMII caused the PN so its is one condition to meet VA requirements.