If you are a U.S. military Veteran to whom the U.S. Department of Veterans Affairs (VA) has assigned a disability rating and you are collecting monthly compensation checks, you may be eligible for another benefit as time progresses and your condition worsens to the point you are unable to work. You must meet certain eligibility requirements that differ from those used to qualify for your current disability rating.

Individual unemployability allows Veterans who are not 100% disabled to collect additional compensation that equals that of a 100% disability rating. Your disability rating does not change, but your monthly compensation amount will increase. Our VA-accredited attorneys assist Veterans nationwide who are filing for disability, appealing a denial, and are interested in learning whether he or she is eligible for individual unemployability claims in Charlotte.

The Original Disability Rating

The Veterans’ disability rating is based on service-related injuries or illnesses that impact a person’s good health and her ability to function. A physician must diagnose the condition and there must be a nexus between the condition and military service. Conditions present prior to military service that are exacerbated by serving are also eligible for consideration.

To qualify for any disability benefits, which include monthly compensation and VA healthcare, Veterans must be diagnosed to be at least 10% disabled. The VA also compensates Veterans who are at least 30% disabled and are supporting dependents. A rate compensation chart compares an applicant with others in a like situation who have qualified for disability.

Please see our Veterans disability calculator to get an idea of what you might receive.

How Does Individual Unemployability Work?

A service-related illness or injury must worsen enough that a physician certifies the Veteran can no longer work because he or she is physically incapable and might be risking their life by continuing. The Veteran must also no longer be able to work at substantial gainful employment because of a service-related illness or injury. The Veteran is also required to meet one of the following conditions:

  • They have one disabling condition rated 60%
  • They have two or more disabling conditions with a combined disability rating of 70% or more, and at least one rated at 40% or more
  • They may qualify at a lower rating for extenuating circumstances such as the need for frequent hospitalization

The VA will also review work history and education to determine if a Charlotte Veteran is individually unemployable. If the answer is yes, additional money added to the monthly check will produce the equivalent of 100% disability pay.

Example of an Individual Unemployability Claim

Here is an example of an individual unemployability claim that a Charlotte attorney could assist with: A Gulf War Veteran with service-related lung disease and a 40% disability rating, along with service-connected hearing loss and a 35% disability rating might be ordered by his doctor to retire from his food processing plant job because the irritants have worsened his lung disease to Stage 4 cancer and he has trouble hearing his supervisor’s spoken directions.

The VA notes he is 56 years old, with a high school diploma, and approves his individual unemployability claim, raising his monthly disability income from 75% disabled to the amount a 100% disabled person receives.

Talk to an Attorney to File an Individual Unemployability Claim in Charlotte

If you are a Veteran who is receiving disability benefits but have been told by your doctor that you can no longer work because your service-related injury has worsened, we can help. One benefit you may not realize exists is the unemployability claim. If the VA approves your claim, your monthly compensation will be raised to equal a 100% disabled level, although your disability rating does not change.

Our VA-accredited attorneys have built our practice into a nationwide helping hand for Veterans and current service members who realize the VA process can be confusing, and experienced counsel delivers benefits more effectively than trying to do it yourself. If you would like to discuss unemployability claims in Charlotte, we can explain your options during a free consultation.

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