At VA, this status is known as Total Disability based on Individual Unemployability (TDIU), also referred to as individual unemployability. With this status, a veteran receives benefits in accordance with a 100 percent disability rating.

Many veterans with employability problems think that they will not qualify for TDIU, but this may not be true. Even veterans who can do some work, or veterans who have a low disability percentage rating from VA, can qualify for TDIU – it just depends on the situation.

In all cases, the inability to work must be related to a service-connected condition. This is the one requirement to which there are no exceptions. But after that, many VA guidelines for the TDIU determination have some flexibility.

Take, for example, the requirement that the veteran be unable to hold a substantially gainful job. What does “substantially gainful” mean? Simply put, it means being able earn a wage above the poverty line. So a veteran who works but, because of his or her disabilities, earns below the poverty line can qualify.

VA also allows some exceptions for marginal or protected employment. If a veteran works for a family member, takes on odd jobs, or works in some other situation that provides accommodations for the disability that go far beyond normal accommodations, the veteran may still qualify. It is wise to consult with a veterans disability lawyer on this point.

The VA disability rating requirement also has some flexibility. The basic requirement states that to qualify for TDIU, a veteran must have at least a 60 percent rating for one service-connected condition, or a combined 70 percent rating for several service-connected conditions. And if the veteran meets the 70 percent requirement for multiple conditions, at least one of those conditions must be rated at 40 percent or more.

But some veterans who are unable to work because of service-connected conditions do not meet those requirements, and as a result, VA will make exceptions on a case-by-case basis. Again, any veteran in this position should consult with a veterans disability attorney to see if the unique circumstances of his or her disability may meet VA standards.

Finally, all veterans should understand that they can qualify for TDIU even if the inability to work comes months or years after the initial disabling condition arises. VA gives the example of a veteran with a service-connected heart condition who works for some time, but then has to stop working because her heart is getting worse. According to VA, this veteran qualifies for TDIU.

All veterans with major employability problems should examine whether they qualify for disability compensation under TDIU. While it is true that VA often looks for reasons to deny these claims, a competent veterans disability attorney can often paint a clearer picture for VA that results in TDIU eligibility.

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact a veterans lawyer, visit http://www.legalhelpforveterans.com/ or call 800.693.4800