September 23, 2019

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Individual Unemployability

Veterans Benefits

Individual Unemployability (UI), allows you to receive 100% VA disability compensation, when your service-connected disability rating is less than 100% but you are unable to work because of your disability or disabilities. This is referred to as Total Disability based on Individual Unemployment (TDIU). You must meet certain requirements to be eligible for TDUI, but it can make a huge difference for you and your family if you are unable to consistently earn a living. An experienced VA disability lawyer can help.

Individual Unemployability Requirements

To be eligible for IU, you must be unable to maintain substantially gainful employment, because of you service-connected disability. Substantially gainful employment means fulltime work that pays you more than the poverty level. So, even if you can work sometimes, you can still qualify if your disability prevents you from keeping a steady job or limits you to part-time work.

Generally, you need to have one of the following disability ratings:

  • One 60% service-connected disability
  • A combination of service-connected disabilities with a combined rating of at least 70%. When based on more than one disability, one must be rated at 40% or higher.

However, there are exceptions to the disability rating requirements if you can prove that your disability prevents you from maintaining substantially gainful employment and that your disability is reducing your earning capacity.

You will have to show evidence of why your service-connected disability prevents you from working full time.

Confused About Disability

You can be totally disabled and not qualify for IU. IU is based on service-connected disabilities, and you may have other disabilities that prevent you from working, but do not qualify you for IU. An experienced VA disability lawyer can help you determine if you are eligible and help you pursue your benefits.

To learn more about IU, please contact an experienced VA disability lawyer today.

About Sandra Dalton

With a background as a paralegal, focusing on criminal defense and civil rights, Sandra Dalton launched her freelance writing career in 2000 with a weekly column on Freedom for Suite 101 and pro bono projects for individuals and organizations supporting causes close to her heart. One of her first projects was for the Police Compliant Center writing about police misconduct. Sandra’s legal writing quickly expanded to include personal injury, animal welfare, criminal defense, disability discrimination, family law and much more.

Sandra’s other writing around the web includes a broad range of topics such as food, pet health, feral cats, music and film. Sandra is also a fine art photographer, helps with animal rescue and TNR in her community, and volunteers as a DJ at her local radio station.