Gardberg & Kemmerly, P.C. Attorneys at Law

Schedular vs. Extra-Schedular Total Disability Individual Unemployability (TDIU)

Schedular vs. Extra-Schedular Total Disability Individual Unempoloyability (TDIU)

Schedular TDIU is by far the most common type of TDIU awarded by the Veterans Administration. With this benefit, you are able to receive monthly payments at the 100% rate if you are unable to perform substantial gainful employment and have:

1. At least one service connected disability rated at least at 60% OR

2. Two or more service connected disabilities at least one disability ratable at 40% or more with a combined rating of 70% or more.

If you meet these requirements, you must still show that you are incapable of getting or sustaining substantially gainful employment based on the service-connected impairments alone.

This is the type of TDIU most people are familiar with. However, there is an extra-schedular path to getting TDIU, but it is a much harder claim to prove.

In an extra-schedular TDIU case, your ratings do not meet the requirements listed above. Theoretically, however, the VA should award you TDIU if you can prove your rated impairment(s) prevent you from working. For this type of claim to be successful, you should be prepared for a long appeals process. You should also focus on obtaining very strong evidence for your case, including medical and vocational expert opinions in support of your claim.

There's more than one way to get to 100%. An experienced VA attorney can help you navigate the VA process, including claims for TDIU. Contact the experienced veterans' disability attorneys at Gardberg & Kemmerly, P.C. today for a free case evaluation. Gardberg & Kemmerly serves veterans across the Gulf Coast, including, Alabama, Florida, Louisiana, and Mississippi.

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