The more important mission of the Department of Veterans Affairs (VA) is to ensure that former servicepeople and their families receive the support they need after returning to civilian life. However, for Veterans who sustained life-altering injuries in the line of duty, obtaining benefits isn’t always an easy or straightforward process—instead, it can require frustrating months of waiting, all underpinned by the risk of a reduction in rating or outright denial. 
If you meet the criteria for Total Disability based on Individual Unemployability benefits, or TDIU, you’ve already looked into the VA’s vocational rehabilitation programs.
These programs are designed, in part, to help injured Veterans find workplaces able to accommodate disabilities.
Although there are no rules against applying for TDIU and vocational rehabilitation at the same time, trying to obtain both types of benefit simultaneously might set off red flags at the VA, potentially leading to a decision you didn’t expect.
The VA sometimes scrutinizes cases involving multiple forms of assistance and may presume that one type of benefit contradicts the need for another. This could put Veterans in the unfair position of having to repeatedly justify their eligibility.
Read on to learn more, then contact Sean Kendall, Attorney at Law, to speak to an Unemployability Claims for Veterans lawyer and schedule your 100% free consultation.
Rules on TDIU and Vocational Rehabilitation Benefits
Under federal rules and regulations, the VA is required to offer a wide range of benefits to former servicepeople and certain family members. Total Individual based on Unemployability Benefits and Vocational Readiness and Employment (VR&E)—formerly Vocational Rehabilitation and Employment—are two common forms of benefits intended to help injured Veterans support themselves after being discharged.
However, while TDIU and VR&E both serve injured Veterans, they differ in their eligibility requirements and their purpose. Here’s what you need to know.
TDIU Claims
TDIU grants Veterans who can no longer work due to service-connected injuries the same compensation and benefit levels as those with 100% disability ratings. In its regulations, the VA asserts that its policy on TDIU is as follows: “all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled.”
However, most TDIU claims are filed by people with ratings below 100% whose condition prevents them from obtaining or maintaining gainful employment. You could be entitled to TDIU benefits if:
- You can’t hold down a steady job that supports you financially, and;
- You have at least 1 service-connected disability rated at 60% or more, or;
- You have 2 or more service-connected disabilities, with at least 1 rated at 40% or more; disabling and a total combined rating of 70% or more.
Under limited circumstances, some Veterans can work and collect TDIU benefits simultaneously, but that typically requires showing that your workplace meets the definition of a “protected” or “sheltered” work environment.
Vocational Rehabilitation Programs
The VA’s VR&E program assists disabled Veterans seeking to re-enter the workforce. Unlike TDIU, the VR&E isn’t a cash benefit. Instead, eligible Veterans are entitled to receive a number of assistive services. These include, but are not limited to:
- Skill evaluations
- Professional counseling and vocational rehabilitation planning
- Employment support services, such as job training and resume development
- On-the-job training and apprenticeships
- Advanced educational assistance for college, vocational, technical, or business school courses
You can typically apply to VR&E programs if you received an other-than-dishonorable discharge and have a service-connected disability rating of at least 10% from the VA. Most VR&E benefits are contingent on passing an employability assessment: if you’re approved, you receive support until you meet a goal, such as finding gainful employment or graduating from a program.
Conflict Between TDIU and Vocational Rehabilitation
In some respects, TDIU and vocational rehabilitation have a lot in common. Aside from limiting participation to disabled Veterans, they’re both intended to help injured servicepeople retain as much financial independence as possible. However, there’s a clear conflict between the two programs.
- TDIU, for instance, is only awarded to Veterans whose disabilities prevent them from gaining or retaining ordinary employment opportunities.
- Participating in a VR&E program, on the other hand, signals a veteran’s intent to eventually rejoin the workforce.
Although you have every right to apply for and receive both types of benefits, there are some risks to consider.
Refusal
The Department of Veterans Affairs evaluates TDIU and VR&E applications on a case-by-case basis, but that doesn’t mean it has a comprehensive understanding of your injuries, skills, and limitations.
Since you must typically undergo an assessment before being approved for a VR&E program, you may be refused because your disability makes it unlikely for you to return to the workforce. This can be frustrating—especially if you believe that additional training, education, or support could improve your quality of life, if not guarantee gainful employment.
Rating Reduction
The VA can ask you to submit to a medical examination or other assessment whenever you apply for any form of injury- or disability-based benefit. Examinations can lead to ratings changes such as staying the same, being increased, or going down.
Changes in ratings aren’t always accurate or grounded in best medical practices, but having to appeal an adverse decision could mean—at the very least—a temporary loss of benefits. Furthermore, appealing these decisions can be a lengthy and stressful process.
Loss of TDIU Benefits
If you successfully enroll in and complete a VR&E program, it means the VA believes you have acquired the skills necessary to rejoin the workforce in some capacity.
The VA assesses every TDIU claim on a case-by-case basis. Since no single factor determines your eligibility for TDIU benefits, the success of an application often depends on fine detail and well-presented evidence. However, as a general rule, you cannot work and receive TDIU simultaneously. If you get a new job, there’s a good chance that the VA will decide you’re no longer unemployable, potentially leading to the termination of your TDIU benefits.
The only exceptions to this rule are reserved for Veterans who work in certain types of sheltered and protected work environments.
How Sean Kendall, Attorney at Law, Could Help You Obtain Unemployability Benefits
If you meet the criteria for TDIU, VR&E, or any other VA program, you shouldn’t have to spend weeks, months, or years fighting to obtain benefits that the law says you’ve already earned. Sean Kendall has spent decades helping Veterans make sense of the VA rules and bureaucracy. If you’re on the fence about applying for benefits or are struggling to make ends meet after an unexpected decision, we could help you:
- Obtain the service records, medical paperwork, and other evidence you’ll need to support or defend your claim.
- Collect and present buddy letters and testimony from people who have seen first-hand how your disability affects your life.
- Challenge unfair rejections and rating denials.
- Aggressively defend your interests in appeals.
Since founding his practice in 1993, attorney Sean Kendall and his team have continuously advocated for the rights of injured Veterans. We know what it takes to file a compelling case for benefits, and we have the results to prove it.