Fort Worth Unemployability (TDIU) Lawyer

Are you a Fort Worth veteran unable to work because of service-connected conditions?

At Glover Luck LLP, we have pursued total disability ratings for veterans since 2014, and we build these claims on employment history as carefully as on medical records.

If your service-connected conditions have made steady work impossible, you may be entitled to compensation at the total rate even though your combined rating is well below 100%. Our Fort Worth, TX unemployability lawyer examines whether the rating thresholds are met, documents the employment history that supports the claim, and pursues referral for extraschedular consideration where the percentages fall short. Glover Luck LLP has represented veterans in disability matters since 2014. Consultations are provided at no cost.

Unemployability (TDIU) Lawyer Fort Worth, TX

Total disability based on individual unemployability is a rating that pays at the 100% rate when service-connected conditions prevent a veteran from securing or following substantially gainful employment. The combined schedular rating may be 70%, or in some cases lower, and the compensation is the same as though it were total.

The question is not whether a veteran can perform any work at all. It is whether the veteran can hold employment that is substantially gainful, which excludes marginal employment and work performed in a protected setting such as a family business. Our unemployability attorneys in Fort Worth develop the employment record with that standard in view, because a claim decided on medical evidence alone frequently misses what the regulation actually asks.

Types of Unemployability (TDIU) Cases We Handle in Fort Worth, TX

Veterans reach us at the point where work has become impossible, and the conditions responsible vary widely. Some hold a single rating at a high level. Others hold several ratings that combine to a figure the agency has never examined against their employment history. The matters below reflect the work our Fort Worth attorneys perform in this area.

• Service connected disability. A total rating rests on conditions already established as service connected. We review whether every eligible condition has been claimed and rated before assessing how unemployability works.
• Post traumatic stress disorder (PTSD). Symptoms that make a workplace unmanageable frequently support a total rating well before the schedular evaluation reaches that level. Employment history is often the strongest evidence available.
• Mental health disorders claims. Depression, anxiety, and related conditions commonly produce absences, discipline, and eventual separation from work. Those records document what medical notes do not.
• Psychiatric disability claims. Where psychiatric conditions combine with physical ones, the effect on employability is cumulative. The claim must address the conditions together rather than individually.
• VA TBI. Cognitive and behavioral effects of brain injury can end a career while each individual evaluation remains modest. We assess the combined effect on the capacity to work.
• Gulf War Syndrome claims. Fatigue, pain, and cognitive symptoms are difficult to document and severely limiting. These claims depend on the evidence establishing a consistent pattern over time.
• Agent Orange exposure. Ischemic heart disease, Parkinson’s disease, and advanced cancers frequently end employment before a veteran reaches retirement age. A total rating may be available throughout.
• Section 1151 claims. Additional disability caused by VA medical care counts toward the thresholds in the same way as any other service-connected condition. We assess the full picture.
• Service connection. Conditions never claimed cannot count toward the thresholds. Establishing service connection for an unclaimed condition is frequently the step that makes a total rating possible.
• VA disability compensation. A total rating pays at the 100% rate and may open additional benefits for a veteran and dependents. We examine what else the rating makes available.

Why Choose Glover Luck LLP as My Unemployability (TDIU) Lawyer in Fort Worth, TX?

Founders Who Have Practiced Veterans Law Since 2014

Julie L. Glover and Adam R. Luck founded Glover Luck LLP in 2014, and both are accredited by the VA and admitted before the United States Court of Appeals for Veterans Claims. Julie Glover serves on the board of the National Organization of Veterans’ Advocates and previously chaired the Military and Veterans Law Section of the State Bar of Texas. Adam Luck advised service members and veterans as a licensed financial advisor before entering legal practice, which is directly relevant here, since these claims are decided on earning capacity rather than on diagnosis. Veterans throughout Tarrant County turn to our veterans disability lawyer in Fort Worth, TX when work is no longer possible.

Building the Employment Record These Claims Require

A total rating is granted or denied on evidence about work, and that evidence is rarely in a medical file. We gather employment records, separation documents, and statements from former supervisors, and we identify accommodations a veteran received that indicate the work was not competitive. Where the schedular percentages fall short, we prepare the case for referral to the Director of Compensation Service for extraschedular consideration. Over more than a decade, our attorneys have helped veterans obtain compensation after an initial denial.

Understanding Unemployability (TDIU) Cases

Thresholds, Marginal Employment, and Compensation in TDIU Cases

A total rating may be assigned where service-connected conditions render a veteran unable to secure or follow substantially gainful employment. The schedular thresholds are as follows:

• One service-connected disability rated at 60% or more
• Or two or more disabilities, with at least one rated at 40% or more and a combined rating of 70% or more

Certain conditions are treated as a single disability for this purpose, including disabilities of both upper or both lower extremities, disabilities arising from a common cause or a single accident, disabilities affecting one body system, and disabilities incurred as a prisoner of war. Where the percentages are not met, the agency’s stated policy is that veterans unable to work because of service-connected conditions should be rated totally disabled, and such cases are to be submitted for extraschedular consideration.

Marginal employment is not substantially gainful employment. Earnings that do not exceed the federal poverty threshold for one person are generally treated as marginal, and work in a protected environment may be treated as marginal even where earnings exceed that figure. Compensation is paid at the rate for a 100% evaluation, with additional amounts for dependents. A total rating may be assigned on a permanent or temporary basis, and the distinction affects what follows from it.

What Are Important Aspects of an Unemployability Case?

These claims are decided on the relationship between service-connected conditions and the capacity to work, and several factors that seem relevant are excluded by regulation.

• Confirming that the schedular thresholds are met, or preparing an extraschedular submission
• Documenting the work history, including accommodations, absences, and the reason employment ended
• Establishing that service-connected conditions alone account for the inability to work
• Addressing any employment since the claim was filed and whether it was substantially gainful
• Identifying unclaimed conditions that would raise the combined rating

Age may not be considered in evaluating a service-connected disability, and unemployability associated with advancing age or with a condition unrelated to service cannot support a total rating. Nonservice-connected conditions are likewise disregarded where the thresholds are met. That limitation cuts both ways, and a well-prepared claim addresses it directly rather than leaving the agency to infer that age or an unrelated illness explains the veteran’s situation.

What Should You Bring to Your Unemployability Consultation?

Employment records decide these claims more often than medical records do. Where they are available, we ask veterans to bring the following:

• Records of employment over the past several years, including dates and positions
• Any documentation of accommodations, reduced duties, or extended absences
• Separation or termination paperwork and any related correspondence
• Tax records or earnings statements covering the relevant period
• Any VA decision letters, rating decisions, or examination reports

We will discuss whether the thresholds are met, what the employment history appears to establish, and whether an extraschedular submission is warranted.

What Is The Unemployability Case Timeline?

These claims proceed on the ordinary VA schedule, with an added step where the percentages fall short and the file must be referred for extraschedular review.

• The claim is filed with employment history and medical evidence
• The VA may request information from former employers
• An examination is scheduled to assess the effect of each condition on employability
• The regional office issues a decision, or refers the file for extraschedular consideration
• An unfavorable decision may be challenged within one year of the notice

A total rating carries protections once granted. Where a veteran begins substantially gainful work, the rating may not be reduced on that basis unless the employment continues for twelve consecutive months, and short interruptions do not restart that period. Veterans granted this rating are also referred for an evaluation of whether a vocational goal is reasonably feasible, which is an offer rather than a condition of the rating.

What Are Important Texas Legal Resources for Unemployability Cases?

These claims are governed by federal regulation, and the provisions are scattered across two parts of Title 38. A veteran who wants to read them can begin with the sources below, none of which replaces representation.

• 38 CFR 4.15 sets out the general basis for a total disability rating and what it means to be unable to follow a substantially gainful occupation.
• 38 CFR 4.16 contains the schedular thresholds, the treatment of marginal employment, and the policy on extraschedular referral.
• 38 CFR 4.19 provides that age may not be considered in evaluating a service-connected disability.
• 38 CFR 3.341 requires a determination that service-connected conditions produce unemployability without regard to advancing age.
• 38 CFR 3.343 governs when a total rating may be reduced, including the twelve-month rule for returning to work.

Reach Out to Glover Luck LLP to Schedule a Consultation

Many veterans assume a combined rating below 100% means the total rate is out of reach. Our Fort Worth unemployability lawyer can review the ratings and the work history and explain whether a total rating is available. Contact us to arrange a consultation at no cost. Glover Luck LLP represents veterans and their families throughout Tarrant County.