Many disabled veterans have misconceptions about their benefits, especially when it comes to losing eligibility for Total Disability Based on Individual Unemployability. If you are receiving TDIU, the Department of Veterans Affairs has made an assessment that you cannot hold gainful employment. But does that mean you are restricted from pursuing other activities that might enrich your life? As far as your education is concerned, the answer is no. The VA accredited attorneys at Marcari, Russotto, Spencer & Balaban want you to understand the full scope of your rights so you can keep your benefits while taking advantage of educational opportunities.
Many TDIU recipients and applicants for TDIU have the mistaken idea that pursuing a technical degree or attending college automatically disqualifies them from TDIU. After all, going to school is sort of like a job, isn’t it? It requires mental focus, intelligence, stamina, and task completion, the same as a job. While all this is true, there is no direct correlation between school and employment, and although school might make a TDIU recipient employable down the road, enrolling in an educational program does not immediately disqualify the veteran student from benefits.
Experts in veterans’ unemployment and vocational rehabilitation point to a few myths that hold disabled veterans back from pursuing educational opportunities:
First, although a college education can create greater opportunities to hold a sedentary desk job, scholastic performance does not translate directly to job success or enhanced earning capacity. Secondly, a veteran can complete the course of study necessary for a degree and still have a service-related condition that prevents the veteran from translating academic accomplishments into gainful employment. Third, work alone does not disqualify the veteran from TDIU; the work must be “a substantially gainful occupation.” Skills that allow a vet to pick up odd jobs to work sporadically would not necessarily result in a termination of benefits.
However, this is not to say that controversies don’t arise concerning a disabled veteran’s TDIU eligibility. So, if you receive any communication from the VA challenging your TDIU benefits because of any of the above, you should immediately contact an accredited VA benefits attorney at our firm.
The VA has VR&E services available to assist vets with job training, employment accommodations, job-seeking skills, and business development. Veterans pursuing their education should inquire about the VetSuccess on Campus program (VSOC), which helps veterans, service members, and their qualified dependents with on-campus benefits assistance and counseling. VSOC began as a pilot program at the University of South Florida in 2009 and expanded to 32 colleges and universities by the end of 2012. The current number of VSOC sites is 94.
Don’t let your pursuit of an education compromise your disability benefits. If any dispute arises, let Marcari, Russotto, Spencer & Balaban fight for the benefits you deserve. From anywhere in the country, you can call us at 866-866-VETS, and someone will be ready to talk to you, or you can contact us online. Our firm never charges upfront fees, and there are no attorney fees unless we win your claim for benefits.
Thank to Mr. Spencer I was able to get my VA disability claim re-reviewed and given another chance to receive disability. By far he is one of the most professional lawyers I have ever dealt with. So Veterans if you are looking for help with your VA disability claim I would suggest that you hire Macari, Russotto, Spencer, & Balaban. Thanks again for everything.
— Alfred Daye
As a disabled veteran trying to navigate the complexities of the Veterans Administrations regulations, I turned to the law firm of Marcari, Russotto, Spencer and Balaban. They helped me understand what I needed to do and prepared and presented to the VA an excellent presentation of my case. I recommend them for your legal needs.
— Harry Johnson
I was very satisfied with the excellent and professional manner the law firm handled my claim. I highly recommend any veteran who needs help with his or her claim to use Marcari, Russotto, Spencer & Balaban P.C. Special thanks to Mr Spencer for being very professional and courteous during the appeal process. Again Thanks to the entire firm for a job well done!
— Luther Henderson
My husband & I highly recommend this law form to any veteran trying to navigate the endless red tape of the VA. We turned to Marcari, Russotto, Spencer & Balaban to handle my husband's appeal and could not have been happier. We enjoyed open and consistent communication regarding our case. Any questions we had were answered immediately.
— Michele DeZayas
Amanda Medina-Morales was our point of contact and she kept us up to date on the progress of our case. It was a pleasure and relief knowing that someone truly competent and professional was handling this and fighting for us.
— Michele DeZayas