Veteran Appeal | VA Unemployability Claim - FAQ | Cameron Firm PC

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Q: How much compensation can I receive through VA Unemployability?
If you are granted VA Unemployability, also known as Total Disability Rating Based on Individual Unemployability (TDIU), you may be eligible to receive compensation at the 100% disability rate. The exact amount of compensation depends on various factors, including your disability rating, number of dependents, and whether you have a spouse.
For the 2023 fiscal year, the monthly compensation rates for a veteran with no dependents are as follows:
- 100% disability rating: $3,621.95
- Additional compensation for a spouse: $192.64
- Additional compensation for each child: $35.93
It's important to note that these rates are subject to change annually based on the Cost-of-Living Adjustment (COLA) determined by the Social Security Administration.
To qualify for TDIU, you must meet the following criteria:
1. You have one service-connected disability rated at 60% or higher, or
2. You have two or more service-connected disabilities with at least one disability rated at 40% or higher, and a combined rating of 70% or higher.
Additionally, you must be unable to secure or follow a substantially gainful occupation due to your service-connected disabilities.
Q: Can I work while receiving VA disability benefits?
Yes, you can work while receiving VA disability benefits, but there are certain limitations and guidelines to consider.
1. Marginal Employment: The VA allows veterans to engage in marginal employment, which is defined as earning an annual income below the poverty threshold for a single individual. For 2023, the poverty threshold is $14,590.
2. Substantially Gainful Employment: If you are rated 100% disabled or receiving TDIU benefits, you cannot engage in substantially gainful employment. Substantially gainful employment is defined as earning more than the poverty threshold for a single individual.
3. Working with a Lower Rating: If you have a disability rating below 100%, you can work without any restrictions on your income. However, your employment income may be considered when the VA evaluates your future disability claims or rating decisions.
It's crucial to report any changes in your employment status or income to the VA to avoid overpayments or underpayments of your benefits.
Q: Can I appeal a decision on my Unemployability claim?
Yes, you can appeal a decision on your Unemployability (TDIU) claim if you disagree with the VA's decision.
The process for appealing a TDIU decision is similar to appealing other VA disability decisions. Here are the general steps you can take:
1. Request a Decision Review: You can initiate the appeals process by requesting a Decision Review within one year of the date on the decision letter. This can be done by completing and submitting a VA Form 20-0995 (Decision Review Request: Supplemental Claim). Follow this link to download the form: www.vba.va.gov/pubs/forms/VBA...
2. Supplemental Claim: During the Decision Review process, you can submit additional evidence or information to support your claim for TDIU. The VA will review your supplemental claim and issue a new decision.
3. Higher-Level Review: If you disagree with the Decision Review outcome, you can request a Higher-Level Review. In this process, a senior-level rating specialist will review your claim and the evidence of record.
4. Appeal to the Board of Veterans' Appeals (BVA): If you are still dissatisfied with the Higher-Level Review decision, you can file an appeal with the BVA. The BVA is an independent body that conducts impartial reviews of VA decisions.
5. Appeal to the Court of Appeals for Veterans Claims (CAVC): If the BVA decision is unfavorable, you may have the option to appeal to the CAVC, which is an independent federal court that reviews BVA decisions.
It's important to note that there are specific deadlines and procedures to follow for each stage of the appeals process. You may want to consider seeking assistance from an accredited attorney to help you navigate the appeals process effectively.
US COURT OF APPEALS FOR VETERANS CLAIMS
TOTAL DISABILITY INDIVIDUAL UNEMPLOYABILITY
DISABILITIES DUE TO AGENT ORANGE EXPOSURE
DEPENDENCY INDEMNITY COMPENSATION
POST TRAUMATIC STRESS DISORDER (PTSD)
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[@charlesjoseph70]

Im the 1st🎉, I filed for IU back in January and waiting for a decision. I am 70% rated for PTSD 10% for right ankle, so I meet the qualifications for TDIU, and hopefully get a favorable decision soon...