TDIU & Protected Employment (Attorney)
A total disability rating based on individual unemployability (TDIU) ensures that veterans who are unable to work due to service-connected disabilities are compensated at the 100 percent disability rate, even if their disabilities are not actually rated 100 percent. Veterans awarded TDIU may be paid over $2,000 more per month than they would be paid based on their actual disability rating. There have been developments in the law related to TDIU over the past few years, particularly related to protected and marginal employment, that all advocates should be aware of. There are also many nuances in the law that advocates should understand to help them represent clients who may qualify for TDIU. This webinar will provide advocates with an overview of the rules that govern TDIU and provide strategies for advocates to help veterans obtain TDIU with the earliest possible effective date.
This 90-minute webinar will cover:
• The basic rules for obtaining both schedular TDIU (38 C.F.R. § 4.16(a)) and extraschedular TDIU (38 C.F.R. § 4.16(b))
• Advocacy advice regarding applying for TDIU and obtaining medical and/or vocational opinions
• When TDIU claims are reasonably raised by the record, even if the veteran has not formally filed a TDIU application
• Recent developments in case law pertaining to the areas of marginal employment and protected employment
• The VA’s recent interpretations of what type of work constitutes protected employment
• Advocacy strategies for obtaining TDIU when a veteran is employed in a protected environment
• Advocacy strategies for obtaining TDIU when a veteran is capable of no more than marginal employment
This webinar will be presented by Alexis M. Ivory, Esq., Staff Attorney in NVLSP’s Training Department and Lawyers Serving Warriors program.
This class will ensure that advocates are up-to-date on this constantly evolving area of veterans law.