Hey, veterans.
Travis Studdard, veterans disability attorney, today talking to you, again, about unemployability
benefits, also known as TDIU, also known as Total Disability based on Individual Unemployability.
Again, this is the concept of an additional benefit under VA law for someone who is unemployable
due to their service connected disabilities.
I want to clear up a common misconception that some veterans have, which is, "Well,
I'm unemployed.
Therefore, I am entitled to TDIU benefits."
I'm here to tell you, unfortunately, that that's not how VA law reads or works.
Just because you're unemployed, does not mean you automatically are entitled to receive
TDIU benefits.
Let's think about that a little bit more, and let's kind of go back to the ... look
at these words and what they mean.
Again, as lawyers, we're quick to tell people that every word has a meaning, and it's very
specific in each regulation or statute.
These are unemployability benefits, not unemployment benefits, and so just because you are not
currently employed, doesn't mean you're unemployable.
To take that thought a little bit further, unemployable means unable to be employed.
There are people that are not employed currently, but they're able to be employed.
They're just between jobs.
You know?
If someone has a successful career, but their company either goes out of business, or they
have a layoff, or they just get fired for some reason, they're out of a job.
They're unemployed at that point, but that doesn't mean they're unemployable under VA's
definition, because again, unemployable for TDIU purposes means that you're unable to
get or keep substantial, gainful employment.
Again, don't get tripped up on that.
You're not going to win your TDIU claim just because you're out of work right now.
Again, many times people are between jobs, they're going to find another job, and so
if you're seeking TDIU benefits, you have to prove more than just your lack of work
at the current time.
You have to prove that your lack of work is sort of a relatively permanent state in that,
again, that inability to find employment, the inability to keep employment is due to
your service connected disability.
Don't just sit back and think you've got this one in the bag just because you're out of
work now and you're a service connected veteran.
You're going to be sorely mistaken and sorely disappointed once you receive that TDIU decision.
But if you are unemployed, again, you may be eligible.
I'm not saying that you won't get it.
I'm just saying you won't automatically receive it on that basis alone.
But if you have questions or need help, we can certainly look at your particular situation,
see if we can assist you.
I've done a number of videos on TDIU, so you can look for those.
Also, go to our website, WinYourVetClaim.com.
We have a lot of free information there.
Again, our mission is to help veterans with their claims and their appeals and to represent
them when we can.
You can go there.
You can do a free consultation request with us, and we can see if we may be able to assist
in your particular situation.
Again, unemployed, not the same as unemployable.
That's your thought for the day.
Check us out next time, and we'll have hopefully more helpful information for you.
Thanks for your time.