The Ultimate VA Unemployability Guide | Back Door to 100% Rating!

Welcome to the Ultimate VA Unemployability Guide

0:00 Introduction
0:58 What is VA unemployability? What ratings do you need for VA unemployability?
1:41 Definition of VA Unemployability and TDIU
2:02 Do you qualify for VA Unemployability if you have a 60% disability rating?
2:38 100% rating vs. 90% rating in compensation
3:01 Other benefits for 100% disability Rating (education, spouse, children, and more)
3:37 What if I'm getting Social Security Disability for a different disability than my VA benefits?
4:54 Combo VA Ratings discussion. What ratings do you need to get VA Unemployability?
5:45 Examples of VA Ratings and qualifying for VA Unemployability | TDIU
6:10 Combo ratings explained for VA Unemployability. Body system example, bilateral example, multiple disabilities from action, combined.
7:54 What if my service-connected disabilities aren't rated highly enough to qualify for Unemployability but they are keeping me from working / employment?
8:39 Migraines and Unemployability
9:08 What does the VA consider when reviewing unemployability claims? What is the VA prohibited from looking at in my TDIU claim?
10:32 What if VA denied my unemployability claim because I'm getting social security for a different disability?
11:27 Hill & Ponton case example of client with back problems and PTSD who is receiving social security benefits.
12:14 Should I appeal my VA unemployability claim if it's denied at the regional office? Is the Board of Veterans' Appeals better?
12:49 What if my VSO told me not to appeal and to just file again?
13:12 What should the VA be considering for TDIU?
14:27 What if I'm denied VA unemployability because of my age? Does it matter if I'm older or younger for VA Unemployability?
15:06 C&P Exams for VA Unemployability | Compensation & Pension exams for TDIU
15:44 What happens when you have multiple disabilities that lead to unemployability?
16:04 Example of a veteran with PTSD, Migraines, and Back problem going to three C&P exams for Unemployability
17:14 What if my Unemployability claim is denied because of a bad C&P exam?
18:10 Using vocational experts and medical experts to your advantage to counter a bad C&P exam for unemployability
19:40 What to do if you go to VA vocational rehab experts
21:17 How do I file for VA unemployability? When do you file for VA unemployability? Does the VA automatically consider veterans for TDIU benefits?
22:11 When to file for VA Unemployability (PTSD example)
24:19 What we do when our clients aren't working and have a high rating for PTSD
25:04 How to file for VA Unemployability? VA Form 8940 discussed
25:37 Evidence to prove your VA Unemployability claim
26:12 How to develop evidence for your TDIU claim
26:33 Writing a nexus letter properly for your unemployability claim
27:15 The importance of filing your VA Unemployability properly and on time (VA Form 8940). Case example of a client we helped with PTSD and unemployability.
30:14 Veterans getting VA Unemployability even though they don't meet the schedular requirement for TDIU
31:01 Migraine example with TDIU
32:02 Asking for Regulation 4.16b
32:17 VA Unemployability and back problem claims
32:49 Can I work while receiving VA Unemployability benefits? Can you work and still receive Unemployability?
34:05 Working while receiving Unemployability
34:58 VA checking social security every year to see if you have worked
37:49 Can you receive VA Unemployability and Social Security at the same time?

Speakers
Carol Ponton - Founding Partner
Matthew Hill - Managing Partner
Natalia Jofre - COO
Anne Linscott – Attorney

Currently, there are two ways for a veteran to receive 100% schedular rating disability compensation from the Department of Veterans Affairs.

1) Service Connected Disability Benefits
You have a service-connected disability, or multiple disabilities, which VA identifies as 100% disabled. This way to a 100% va disability rating is difficult if you are trying to combine multiple disabilities in order to reach 100%.

2)Not Able to Work
You have a service-connected disability that keeps you from works, regardless of schedular rating. This backdoor to a 100% rating is when the service connected disabilities prevent you from getting and keeping a job. In other words, the alternative IU route can make it easier to gain the same benefits as a regular 100% rating. If your disabilities keep you from holding a job then you should be eligible for IU!

[lelandbraggs]

It was because of that first video that I was able to get my ttdi. You guys are the best!

[misterdeeds]

One of the problems I encountered stemmed from VSO's and their limited knowledge about how the system works. My initial rating came back a combined 60%. I was pleased to have gotten anything at that point because I expected nothing. After talking with other Vets who deal with similar issues, Vets who received high ratings, I again went to a couple of local VSO's and was pretty much told "you get what you get." This happened several times. Finally I became aware of a local attorney who specializes in VA benefits. Following a consultation I was assured those who determined ratings had 'low balled me.' The attorney told me this was not at all uncommon. He further stated his belief those low-balled are so pleased to have gotten something they often will never challenge the rating. That sounded very plausible. Had I not spoken with other Vets I'd had been in that group.

The attorney then filed the required paperwork, made arrangements for independent evaluations and suddenly (well, not so suddenly because this took about 18 months) I was at 80 percent. Great, I thought. A few weeks following the increase I stopped by the attorney's office to thank him for having helped me. Imagine my surprise when he told me he wasn't finished. That's when I first learned of TDIU. My post-military service employment history has be sketchy, at best. During the 40 years since leaving the military I've had dozens of jobs and long periods of unemployment. I'm talking in one instance over 7 years out of the work force. Additionally, all the jobs held were typically low paying. This got worse and worse and worse. Instability is not a trait employers are willing to reward with higher wages. I always felt trapped..
I
t took about another year for the VA to process the TDIU claim, but it was successful. Today, between the little I receive from SSI, and what I receive from the VA my resources are greater than at any other time in my adult life - except for prior to military service. My only regret is I wait for over four decades to seek what was owed me as a result of what I experienced. I had joined because I believed serving and defending my country was both a duty and an honor. I paid a huge price. Many years later I'm being somewhat compensated. No matter how much money I may receive it will never actually equal what my service has cost me over the years. But, something is a whole lot better than nothing.

I tell all Vets that if you believe your service has cost you anything beyond what is considered the norm, do all you can to get whatever you can, as much as you can. I tell them it will take time. It may take finding those with the knowledge necessary. The thing is those people exist and really aren't that hard to find. Once a claim as been decided, denied or given a rating, there are many attorneys more than happy to do all the leg work. Their fees are also set by law. They are limited to 20% of whatever might be due from the date of the original claim to the time the challenge is decided. If you get nothing the lawyer gets nothing. Lawyers don't work for free. So, if a lawyer is will to take on you case you can be almost certain you've got a legitimate winner.

My advise to others is this: Don't wait. Don't accept 'No' for an answer from anyone, especially yourself. If you served, if you suffered as a result, do whatever it takes to get what is due you.. I know what I'm talking about.

[danielwebb]

I thank all our vet's for their service why should they have to fight for there benefit when they should all ready have it they have done a lot for everyone my uncle was a Marine an my dad was in the USAF thank you veterans for your service stay safe everyone

[arthurdavis]

Keep helping veterans. God bless you all

[jimthornsbury]

I have fought with the VA for over 50 years. Every single claim I have ever submitted has automatically been denied, last year up hired attorneys to do my claims they requested my records and after reviewing them had told me that the VA rated me only for PTSD and put me in a special category where nothing else gets rated. I am currently rated at 70% for PTSD and they filed a claim for unemployability I just recently got paperwork back from the VA denying that claim. Even though I have 50% hearing loss in both ears which the VA had hearing aids issued for me I have a lower back injury and upper back injury from a rollover accident that I had in the military on duty I have been diagnosed with degenerative cervical disc disease and arthritis in my lower back this causes pain through my hip and down my left leg my right arm is weak and tingles all the time all of those claims were denied. In reading the paper they sent back denied but it gives no reason why. When I first got out of the military the VA was less than helpful to the veterans Lotus down with paperwork that we had no idea how to fill out and there was no help out there to do it. Over the years that has changed and it is a little better. I have had vso's and numerous other people telling me about all the delays that the VA has oh, well I'm here to tell you those delays have been there since the early 70s if anything they have gotten worse. My married life has gone down the tubes I've been separated for nine years and right now I'm on the verge of being on the street again but yet the VA keeps dragging its feet I'm tired of being treated like nobody, the US government had no problem sending me to Vietnam for a year all the while making promises that they would take care of me when I came back so when are they going to start. As I see it now the only thing they are trying to do is trying to get the veteran so frustrated that he gives up oh, this is no longer acceptable

[mikedyson]

I had a great DAV representative which helped me all along my compensation journey, as soon as I hit 60 percent he filed for IU ON my behalf, and shortly after that I had a comp examination, and shortly after that I was awarded 100 percent P&T.

[rodneycaupp]

MY GOD... thank you people ! August 2nd, VSO / Tim... an amazing Person. August 3rd Appeals Court. Thank you tonight ... how many helpful videos over the weeks. I am as ready as I can be 10 days in advance.... I will see you again and again over these next 10 days prior.... GOD BLESS YOU all. God bless all, who gave all. RIP Sailors and Veterans.

[ankeu.a.wallace]

I'm 100% Disabled Veteran sharing your awesomeness !!!
Thank you & God Bless!!!

[barrylitchfield]

I was just recently awarded TDIU, permanent and total, with special monthly compensation. This was all due to Hill and Pontons excellent attorneys.
In the award letter sent by the VA it said I have "TDIU, permanent and total". I live in Texas where 100% disabled veterans pay no property taxes. In my county, the "gatekeeper" they have posted at the counter has no idea about TDIU, and says I need to be 100% disabled to be granted this benefit. Of course, I am receiving 100% disability benefit, but this clerk (gatekeeper) at the county tax assessor office has been told, or just assumes, that if the VA letter doesn't say in writing "100%",
that it's not good enough to accept. My Hill and Ponton attorney has graciously sent a letter to the VA requesting the VA send me a letter that spells out that 'TDIU, permanent and total is a 100% disability', so I can get past the roadblock that this gatekeeper has thrown up in front of me. Hopefully I will find that in my mailbox sometime soon! Thank you Hill and Ponton! Y'all are the best ever!

[multitieredinvestor]

Was awarded back TDIU for over four years. Was already rated 100% and with two very nice back pays plus was awarded SMC.

[jriver]

Folks, I have been referring Veterans to seek the help of Hill and Ponton, P.A. to their website, whenever they have an issue with their Veteran Affairs claims. Neither party on each end of the spectrum do I get paid or get favorable treatments; I just want to help my fellow-Americans for serving their country. Do the same for another veteran that deserves these types of professional attorneys that understand the law and jargons of the VA world. Thank you, H&P for taking care of us.

[theadventuresofchopperandp]

On the verge of tears finding this video. My husband has been at 90% and he is trying for unemployability, and from this I am hopeful that he will win.

[Silverado.]

I am over all 80%. I have 20% each shoulder 30% somatic system disorder and 10% for thoracic spine myofasical pain. I also have 30% Migraines and 10% tinnitus. I will be getting with you all for sure.

[nyclady]

You are truly the best because of your video on TDIU. I received TDIU.
THANK YOU !!!

[davidgreen]

I am marine disabled veteran at 90% I have been on state disability since 2018, still havent been able to get my 100% with the va. I have a physical doctor at the va clinic in my county who says I had an accident, he doesnt help at all with him vietnamese. He doesnt help any of his patients that I have talked with. He says the patients are chronic complainers, doctors like this in the va system doesnt help any veteran. Thank you for your video. Stay safe.

[johngeorgewashington]

I got my Unemployability in 2013 but it wasn't made P&T until my ptsd exam 5 years later in 2018.. remember there's a difference for Unemployability and TDIU.. because you may be paid at 100 per cent but not yet made permanent..that permanent status gives your educational benefits ..

[sarge]

I’ve been 90% (70 PTSD, 30 migraines, and 14other issues) since retiring in 2010, but have hired a lawyer last March. Keeping my fingers crossed.

[nevergiveupfitness]

Thank you very much for this information. I been out since 2012. Since my discharge I have only had 3 jobs. I was diagnosed with severe PTSD 80% and later was increase to 90% for my lower back. I'm in the process of submitting 100% unemployability. Wish me luck 🤞.

[jimthornsbury]

I also just wanted to add that once I found your videos it explains a lot to me and it gives me Avenues that I never knew I had believe it or not there is no one out there from the VA that is willing to help a veteran anymore

[KnoUrWorthLuv]

I’m crying over here! God bless y’all. I’ve been trying for the longest to get %100. I’m going to send this to my dad as well!