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Individual Unemployability, or IU, is part of the VA disability benefits program that allows qualifying veterans to receive the same level of compensation as a veteran with a 100% disability rating, despite not having service-connected disabilities rated at 100%.

IU is awarded to veterans who can’t maintain substantially gainful employment because of service-connected injuries. Typically, the veteran must meet one of the two following percentage criteria:

  • One service-connected disability rated at 60% or higher.
  • More than one service-connected disability, where at least one is rated no lower than 40%, combining for a rating of 70% or higher.

It might be difficult to imagine an IU case based on just the numbers, so we’ve written up a pair of examples where this kind of compensation might be awarded.

Example #1: Victor

Victor sustained a traumatic brain injury from an IED explosion while deployed to Afghanistan in 2008. He received a service-connected disability rating of 60%. When he first returned home, he found a job in his field, but it soon became apparent that his injuries made it impossible to safely perform his duties. His doctor recommended that he retire.

Example #2: Maureen

Maureen is a veteran who received thermal injuries from a vehicle accident. After returning home, she was also diagnosed with service-connected PTSD. The ratings for her injuries are 40% and 50%, respectively, combining for a rating of 70%. Maureen’s only income over the last couple years has come from a local friend who pays her to water the plants in her house a few times a month.

Both Victor and Maureen applied for increased disability compensation. After review by the Ratings Team, they were both granted compensation equivalent to a veteran with total disability.

Talk to the experienced Dallas VA benefits attorneys at Morgan Weisbrod if you are having any problems applying for or appealing your VA disability benefits case. Call us today, toll-free, at 800-800-6353.

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Morgan Weisbrod  LLP

by Paul B. Burkhalter
Managing Partner of Morgan Weisbrod , Board Certified in Social Security Disability Law.

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