TDIU is a program that is granted to Veterans who are unable to work because of their service-related conditions. However, there are a number of ways that can validate a Veteran to be awarded the TDIU even in a scenario that he/she is employed.
When you meet the qualifications linked to the program of the disable, the Veteran Award (VA) rates the qualification to ascertain the amount of compensation you should be given. They use a schedule that is meant for the disabled in rating. Ratings span between 0% – 100% and increment by 10.
The rating depends on how the condition impairs your effort to perform your duties. The highest rating is given at 100% that implies the Veteran is fully disabled. In cases where the Veteran is not able to get a gainful job, yet again they don’t meet the required percentage rating of fully disabled (disability not rated at 100%), TDIU intervene.
The Veteran Award uses Total Disability on Individual Unemployability (TDIU) to understand that a person condition may not be exactly at 100% but encompasses other factors that make the rating to stand at 100%. Hence, the VA is required to take each disable person(s) in a different perspective when it comes to dealing with TDIU not only by using the rating schedule.
The schedule is not meant to ascertain whether the average individual would be able to work under certain conditions. In order to determine the Veteran’s rightful entitlement, TDIU is used on the individual capabilities, irrespective of the average person’s earnings if he/she could be left jobless facing the same condition.
The factors below are taken into consideration when determining the TDIU Entitlement;
-Duration of incapacity
-The time lost as a result of the disability
-The Person’s employment chronicle
-The current employment status of the Veteran
-The annual income of the Veteran accrued from the employment
The most useful thing that the Veteran must be able to prove is their inability to get “Significantly helpful employment”. Gainful employment will involve a scenario where the disabled individual is working and making more than the normal person. Hence will lower the chances of him/her to benefit from IU.
There are other instances, where Veterans work and are capable to qualify to be awarded. For instance, Marginal jobs. This involves circumstances where individuals earn annual income below the poverty level for each individual. A good example of Marginal employment is when a Veteran is single at an age under 65, and the annual income is below $12,331.
If you are entitled to a job of this kind, then you are automatically unable to benefit from TDIU but your employment will be evaluated by VA. They’ll scrutinize to ascertain that your work is capable of producing income above the poverty level as you had declared.
If you are working on a part-time basis, you would want to make consideration and show the VA that you wouldn’t be able to do the job with the schedules involve or for the period that would be needed to bring helpful employment.