Can an Unemployable Disabled Veteran Qualify for 100% Rate?

Part of the Veterans Administration’s disability program allows payment to certain veterans at the one hundred percent level even though the VA has not rated their service-connected disabilities at the top level. The key here is that you must prove are unable to maintain substantial gainful employment as a result of your service-connected disabilities.

To qualify under these circumstances you must have one service-connected disability at a 60 percent or more rating or two or more service-connected disabilities rated at 40 percent or more with a combined rating of 70 percent or more.

An Individual Unemployability determination often hinges on the VA’s definition of substantial gainful employment. The VA defines it as “employment at which non-disabled individuals earn their livelihood with earnings comparable to the particular occupation in the community where the veteran resides.”

When conducting an analysis of an application for total disability rating based on individual unemployability, the Board of Veterans Appeals must take into account the individual veteran’s education, training, and work history.

If you have been turned down by VA for disability benefits and you believe the denial was unfair, you have the right to appeal and you have the right to have an attorney represent you. Call us for a free evaluation of your case. At Cuddigan Law you have a dedicated team of professionals in your corner who understand the system and who will fight for your rights.

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