We Represent Veterans Nationwide. Here Are Reviews From Just a Few Of Our Satisfied Clients:

La Cucaracha
La Cucaracha
June 14, 2022.
The team did a great job for me. They were patient, knowledgeable, courteous and effective!
Sweet Fire
Sweet Fire
June 9, 2022.
Honest, Professional and Successful! Trust and believe they will represent you with integrity.
Karisha Eure
Karisha Eure
March 24, 2022.
They are awesome didn't have to worry about anything
Sterling Edler
Sterling Edler
March 9, 2022.
I obtain Marcari, Risotto ,Spencer & Bailaban for a personal injury matter and I must say they were professional, courteous, and very experienced. They made me feel very comfortable that everything will be taken care of and it was and in a swift manner. I would definitely use them again in the future if needed.
chiquita finney
chiquita finney
February 4, 2022.
So far so good they have built a good report with me an very trustworthy and know they will fight for me I feel I chose the right lawfirm to handle my case Anne is awesome

Total Disability Based on Individual Unemployability (TDIU)

Total Disability Based On Individual Unemployability (TDIU)

What You Need to Know When You're Going Without Gainful Employment!
Total Disability, TDIU, Veteran
Total Disability Based on Individual Unemployability (TDIU) is a rating for Veterans who can't work due to their service-connected disability.


IU Fact Sheet.

FAQ | Frequently Asked Questions.

If you are a Veteran who has received disability compensation, you may also be eligible to receive certain supplementary benefits if you are unable to work due to a service-related disability. 

If your disability, unfortunately, makes you unable to obtain employment, it is possible that you may be rated at 100 percent for your VA disability benefits.  

We understand that certain requirements are needed when a Veteran is trying to achieve TDIU benefits and support any Veterans who may not actively be part of any workforce. 

There are two key requirements asked of any Veteran who sends a TDIU claim to be eligible for a 100% rating, those are as follows: 

• A service-related disability with a 60% or higher disability rating or two or more service-related disabilities with a rating that totals 70% or higher.

• Any Veteran who is claiming two or more disabilities must make sure that one of them is at least 40% or higher.  

• Medical documents proving that your disabilities prevent you from doing your day-to-day employment tasks thus limiting your ability to keep economically beneficial employment. 

However, there are examples where certain Veterans may be able to receive TDIU benefits even if their disability rating is below the required level.  

Certain criteria may come into play such as frequent hospitalizations, which restricts the ability to earn may also be a qualifying factor for a Veteran.  

The attorneys at Marcari, Russotto, Spencer and Balaban have had success in the past helping Veterans who have had one or more service-related injuries holding them back from employment, without their current disability rating standing in the way. 

It’s important to note that occasional tasks, odd jobs, or local repair person duties do not qualify for or constitute gainful employment in any way, shape, or form.  

If you’re a Veteran who is applying to increase their disability rating, it’s imperative that you’ve completed the following form: 

(Click The Button Above to Download Form.)

You must also make the necessary time to fill out an Employment Questionnaire yearly in order to keep your established TDIU status. 

(Click The Button Above to Download Form.)

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What's The Difference Between Total Disability Based Upon Individual Unemployability (TDIU) & An Extra-Schedular Disability Rating?

A Veteran must meet two requirements under a TDIU claim to be eligible for a 100 percent disability rating: They must have a service-connected disability with a 60% or more disability rating, or two or more service-connected disabilities with a combined rating of 70% or more AND/OR Medical evidence of unemployability. On the other hand, an extra-schedular rating applies to Veterans who are unemployable, due to their service-connected disability or disabilities, but whose disability does not meet the percentage requirements for any of the two aforementioned scenarios.

Schedule a Free Consultation Today!

If you, or someone you love, is having a tough time with the Department of Veterans Affairs and claiming the benefits needed to sustain a comfortable quality of life, do not wait another minute – contact us today! We are always available by phone at (866) 866-VETS.  

Our firm works on contingency, so there are no fees whatsoever unless we win your claim for benefits.  

We are accredited to stand for you anywhere within the United States, so even if you cannot make it to one of our many offices, we can still help you along the way. 

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Frequently Asked Questions

How Much Does It Cost To Hire You?

It does not cost you anything to hire our Veterans Benefits Law Firm as your attorneys. Our firm works on a contingency fee basis, which means you do not owe us anything unless we win you an award. Our firm charges 20%, which is deducted by the VA from your lump sum payment for retroactive benefits.

How Long Will It Take To Appeal My Benefits Denial?

While it can take six months or more for a Veteran to receive a decision on his or her initial benefits claim from the Department of Veterans Affairs, appeals could take 2 years of more. The Department of Veterans Affairs lacks the funding to properly staff and process benefits applications. The number of applications from recently returning Veterans must be dealt with while the Department of Veterans Affairs continues to actively work towards providing services to prior generations of Veterans.

How Do I Increase My Disability Rating?

Great question! If the condition that you are actively receiving disability benefits for has now ultimately worsened over time, you can file an increased rating claim. It’s fairly simple, and it involves filing out an online claim form or mailing a letter to your regional office documenting the change in your condition.

View Our Office Locations Below!

All communication with the Department of Veterans Affairs can be conducted remotely; personal appearances are not required. 

Our law firm is accredited by the Department of Veterans Affairs to assist Veterans anywhere across the United States. 

Furthermore, our clients do not need to go to a physical location or visit an office to receive our help. If there are any medical visits that are applicable to your claim, you can be seen at a facility that is close to your home. So, no matter where you are, if you need help, we’re here to fight for you the same way that you bravely fought to protect us. 

Call us now! (866) 866-VETS.