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Total Disability in Harrisburg

Seeking Benefits Based on Individual Unemployability

You may be eligible for total disability consideration based on individual unemployability (IU) even if you do not have a 100% disability rating from the VA. If you are a veteran who meets the requirements of individual unemployability, you may receive disability compensation at the 100% rate.

The Law Office of Jason R. Carpenter is here to help you make your case for individual unemployability so that you can enjoy the benefits you deserve. Life with a disability is never easy – especially when it prevents you from maintaining gainful employment. Our Harrisburg veterans’ disability attorney can work with you to make a strong case before the VA or help you appeal a decision the VA has already made.

Tell us your story during a free consultation. Contact us online or call (717) 537-0928.

How to Qualify for Individual Unemployability

Seeking benefits under the requirements of IU is often an easier route than trying to obtain a 100% disability rating. If your service-related disabilities prevent you from holding a job, you will likely qualify for individual unemployability.

In order to be eligible, you must:

  • Have at least one service-related disability
  • Have a service-related disability that sufficiently prevents you from performing mental and/or physical tasks required for employment
  • Have at least one disability that is ratable at 60% or more
  • If multiple disabilities exist, you must have at least one disability that is ratable at 40% or more, with a combination of a 70% rating or more

So what is considered to be a single, service-related disability? The VA considers a few types of injuries as well as combinations of disabilities to be sufficient evidence for individual unemployability.

The following combinations may be considered a "single disability":

  • Disabilities of one or both upper or lower extremities
  • Disabilities resulting from a single accident
  • Disabilities affecting a single system in the body (for example, your respiratory system)
  • Multiple injuries incurred in action
  • Multiple disabilities incurred as a POW

Failure to Meet the Requirements

If you do not meet the 60%/single disability or 70% combined/40% single disability requirement, do not panic – you may still be able to receive IU status.

VA regulation 38 C.F.R. § 4.16(b) recognizes that some veterans are unable to work because of their service-related conditions but may not meet the VA’s precise requirements. If this situation applies to you, your claim may be submitted to the Director of the Compensation and Pension Service for extra consideration. Should this be the case, our Harrisburg veterans’ disability attorney at The Law Office of Jason R. Carpenter can help make sure your story is heard.

For assistance with your total disability claim, call us at (717) 537-0928 today.

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