Total Disability Individual Unemployability
Video Transcript
Hello, I’m Eric Gang, the Veterans Disability Attorney. I want to talk to you a little more today about total disability claims. We’ve talked about them before in other places on this site, but I want to talk to you a little bit more about situations where you raise a total disability claim within the context of your increased rating claim.
Basically, when you file an increased rating claim or you’re appealing the denial of an initial assignment of rating, and the evidence shows that you’re unable to work because of that disability, then you automatically have an implied claim for total disability. The VA must adjudicate that claim or make a decision on it.
How Implied Claims Work
Let me give you an example. Let’s say you file a claim for service connection for PTSD. The VA grants it, but they assign only a 70% rating. However, the evidence in your file also shows that you’re not able to work because of that PTSD. You can’t get along with supervisors, you can’t get along with coworkers, and your work history has been a series of failed jobs over the last number of years.
Under those circumstances, your appeal for a higher rating will automatically include an implied claim for total disability.
The Importance of a Vocational Expert
Again, like I’ve said in other places, it’s very important when presenting a claim for total disability that you obtain the services of a well-qualified vocational expert. This person can help look at your educational and vocational history. They will evaluate what kind of job skills you have, what kind of work you’ve done, and what your education is, in order to determine whether or not this particular service-connected disability renders you incapable of performing a gainful occupation.
Getting a strong vocational expert is very important in order to prevent the VA from denying you for the usual reasons.
Your Next Steps
I want to encourage you, if you’ve been denied recently for a total disability claim or you have an appeal pending for an increased rating, that you consider the implied claim for total disability. Get a vocational expert and aggressively develop that evidence to win that appeal.
If you are in a situation where you received a denial or you’re in the middle of an appeal, and you’d like to explore how we may be able to help, then I invite you to contact us. You also may want to take advantage of the free educational resources available on this site.
Again, this is Eric Gang, and thanks for listening.