VA Individual Unemployability (IU) is a benefit available to veterans who cannot work due to service-connected disabilities. It allows veterans to receive compensation at the 100% disability rate even if their VA rating is lower than 100%, provided they meet certain unemployability criteria. This program can make a significant difference in the monthly benefits a veteran receives.
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Understanding Individual Unemployability (IU)
The official term for this benefit is Total Disability based on Individual Unemployability (TDIU). It’s intended for veterans who:
- Have one service-connected disability rated at 60% or higher, or
- Have two or more service-connected disabilities, with at least one rated at 40% or more and a combined rating of 70% or more
- Are unable to maintain substantially gainful employment due to these service-connected conditions
This means that if your disabilities prevent you from working, even though your rating is less than 100%, you could still be paid at the 100% rate.
What Counts as Substantially Gainful Employment?
The VA defines substantially gainful employment as work that:
- Provides earnings above the poverty level
- Is not considered marginal, occasional, or protected employment
- Is full-time or consistent part-time work
If your only income is from odd jobs, or if your employer accommodates your disabilities in ways not typical in a competitive job market, you may still qualify for IU.
Evidence Needed to Qualify
To support your claim for IU, you’ll need to provide:
- Medical evidence showing how your disabilities impact your ability to work
- Employment history, including any attempts at working that failed due to your condition
- Statements from employers or medical professionals, if available, explaining why you can’t maintain employment
The VA may also request you to complete VA Form 21-8940, the Veteran’s Application for Increased Compensation Based on Unemployability.
Can You Work While Receiving IU?
Generally, veterans approved for IU cannot earn above the poverty threshold through employment. However, marginal or sheltered employment (like working for a family member who makes accommodations) may still be allowed.
How Hogan Smith Can Help
At Hogan Smith, we help veterans across the country secure Individual Unemployability benefits, even if they've already been denied. Our team can:
- Review your VA rating and work history to determine if you qualify
- Gather medical and vocational evidence to support your claim
- Assist with filing or appealing IU applications
- Represent you through every step of the VA process
Contact Hogan Smith Today
If your service-connected conditions are keeping you from working, you could be eligible for compensation at the 100% rate through Individual Unemployability. Contact Hogan Smith for a free consultation. We’ll evaluate your case and help you get the benefits you’ve earned.
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