THE DIFFERENCE BETWEEN 100% FOR UNEMPLOYABILITY AND 100% DISABILITY RATING

In general, neither the 100% disability rating nor a total disability rating based on individual unemployability (TDIU), more commonly known as unemployability, is better than the other. The monthly compensation amount for unemployability is equivalent to a 100% disability rating. However, depending on a veteran’s circumstances, one option might be more beneficial to pursue.

What is the Difference?

The monthly compensation amount for unemployability is equal to that of a 100% disability rating. However, the qualifying criteria for unemployability are different than the requirements for a 100% rating.

An unemployability rating does not solely rely on the rating of a specific condition to grant benefits, it takes into account a veteran’s ability to work. Unemployability allows a veteran who is unable to work, to receive compensation at the 100% level even though their service-connected condition does not meet the 100% rating criteria. On the other hand, with a 100% disability rating, there are not the same restrictions on work activity as with unemployability. Therefore, if a veteran is rated 100% for their service-connected disability, and they are able to work, then they may do so.

Criteria To Qualify For A 100% VA Disability Rating:

There are two ways a veteran may be assigned a 100% disability rating:

  1. The veteran must have one service-connected condition that meets the 100% rating criteria specified for that condition; or
  2. The veteran must have multiple service-connected disabilities whose individual ratings combine to 100%.

Criteria To Qualify For Unemployability:

For veterans who do not have a 100% disability rating, but are disabled to the point that they are unable to obtain and maintain employment, unemployability provides another option to receive compensation.

To qualify for unemployability, a veteran must be unable to maintain substantially gainful employment as a result of their service-connected condition. Substantially gainful employment is employment that: (1) is not marginal, and (2) earns an annual salary that is above the federal poverty level. Additionally, a veteran must have:

  • One service-connected disability ratable at 60% or more; or
  • Two or more service-connected disabilities, with at least one disability ratable at 40% or more, with a combined rating of 70% or more.

If a veteran does not meet the rating requirements above, the veteran may qualify for extraschedular unemployability.

Why Would A Veteran Want a 100% Rating Versus Unemployability?

The biggest difference between unemployability and a 100% disability rating comes down to the work restriction imposed by unemployability.

There is a myth that a veteran cannot hold any employment while receiving unemployability, and while that is not the case, there are restrictions on what employment a veteran can hold.

The VA may grant unemployability when a veteran is unable to secure or maintain a substantially gainful occupation due to their service-connected disabilities. The courts have determined that “substantially gainful occupation” means employment where a veteran earns more than what the current federal poverty level is for an individual. Right now, the current poverty level is around $12,000. This means that an employed veteran who earns $12,000 or less per year can still be eligible for unemployability even though they are employed.

There are no restrictions on a veteran’s ability to work with a 100% disability rating.

However, with unemployability, the VA can and will revoke unemployability if a veteran becomes employable again.

Can the VA Change a 100% Disability Rating or Unemployability?

Both a 100% disability rating and unemployability have the potential to be determined permanent and total.

To assign a permanent 100% rating the VA must classify your condition as permanent and total (P&T). The VA classifies disabilities as P&T when it is believed that there is little to no chance of recovering or improving your condition. P&T ratings are protected from being reduced and may entitle you or your family to additional VA benefits. The VA can classify someone as P&T whether their benefits are via a schedular rating or unemployability.

If you need assistance with VA disability claim, we are here to help. Call Veterans Help Group at 855-855-8992 or contact us here.

What is the VA DBQ?

What is the VA DBQ?

What is the VA DBQ?  A VA Disability Benefits Questionnaire (DBQ) is a form used to convey...

More Articles

The Importance of Documentation: Gathering Evidence for a PTSD VA Disability Claim

The Importance of Documentation: Gathering Evidence for a PTSD VA Disability Claim Post-traumatic stress disorder is one of the most common reasons veterans receive VA disability benefits. In 2022, 1,343,669 veterans were receiving benefits for service-connected PTSD....

How to Win Your PTSD Claim

How to Win Your PTSD Claim - Donnel Beckles, Managing VA Advocate, Veterans Help Group Donnel Beckles is a top Veterans Advocate, and a member of the National Organization for Veterans Advocates. Donnel is accredited to practice...

PTSD and Veterans: Understanding the 100% Disability Rating Requirements

PTSD and Veterans: Understanding the 100% Disability Rating Requirements Post-traumatic stress disorder is common among veterans, and many veterans receive veterans disability benefits for the condition. However, most are rated less than 100% disabled. The standard...

What Causes PTSD to be Triggered in Veterans?

In the past 15 years, the estimated number of veterans who have been diagnosed with PTSD currently numbers more than 500,000. As many as 60,000 of these veterans are Iraq and Afghanistan war veterans. Estimates show more than 20% to 30% of veterans...

FREE CASE EVALUATION 

"*" indicates required fields

Name*
Hidden
Hidden
This field is for validation purposes and should be left unchanged.