The top five questions about a Total Disability based on Individual Unemployability (TDIU) claim relate to the U.S. Department of Veterans Affairs (VA) criteria, the effective date for benefits, whether you can get back pay, whether TDIU and Social Security Disability Insurance (SSDI) are connected, and how long you can receive these benefits.
Marc Whitehead & Associates has Veterans Affairs disability benefits claims lawyers on staff who provide legal representation and advocacy to disabled veterans across the United States.
As part of our efforts to help veterans and their families, we answer common questions about TDIU claims and what they entail. Outside of this, if you have filed a VA claim for TDIU that has been denied or you have received a disability rating that’s lower than you anticipated, we can detail your options and the appropriate steps to take from here.
What You Need to Know About TDIU Claims
A Total Disability based on Individual Unemployability claim refers to a request made to the VA. If successful, the claim allows a veteran who has a combined service-connected disability rating of less than 100% to receive monthly compensation and benefits paid at the full 100% rate because their conditions prevent them from maintaining substantially gainful employment.
If you’re a veteran, you can file a Veterans Disability claim for total disability benefits. Regardless, the VA can contest or deny your benefits request. In either scenario, the team at Marc Whitehead & Associates is ready to assist.
Our veterans’ benefits lawyers understand that the VA can make mistakes that hurt your chances of getting your Veterans Disability claim approved. Following a denial of your TDIU claim, we will get to the root of the issue. Next, we will give you insights into what it will take for you to secure VA Disability benefits.
For a free legal consultation, call (800) 562-9830
5 Key Questions About TDIU Claims
Unfortunately, challenges can come up as you pursue VA Disability compensation. The VA Disability attorneys at Marc Whitehead & Associates want to help you address these challenges. Here are the answers to some of the important questions we often receive about TDIU claims:
Question #1: What Are the VA’s Criteria for TDIU Eligibility?
At Marc Whitehead & Associates, one of the most common questions we receive about Total Disability based on Individual Unemployability relates to the benefits for 100% VA Disability and the criteria for receiving them. Below are some of the eligibility requirements that the VA has for TDIU benefits:
- You must be a recipient of service-connected compensation disability benefits and have a disabling condition that is rated with at least a 60% disability rating or two or more disabilities that have a service connection, with at least one disability rated at 40% or more and a combined disability rating of at least 70%. Some disabilities may be considered one disability for purposes of meeting the VA’s percentage requirements.
- In extraschedular TDIU cases, the VA will examine various aspects specific to your case, including your work history, educational background, and service-connected disabilities.
- You have supporting documents that highlight how your service-connected disability is a factor that prevents you from securing or keeping substantial gainful employment.
TDIU is a total disability rating based on a veteran’s individual unemployability. When your VA schedular disability rating is less than 100%, but you can demonstrate that your service-connected impairments obstruct you from getting or maintaining gainful employment, you may be entitled to VA Disability compensation at the 100% rate.
We can give you information about the VA Disability claims process and the requirements for obtaining service-connected disability compensation.
Question #2: What Is My TDIU Effective Date?
This is the date on which your award of TDIU benefits will start. Establishing the effective date of your claim for VA compensation can be difficult due to the nature of TDIU benefits. Ultimately, your benefits effective date can be determined by the date of receipt of your claim or the date entitlement arose, whichever is later, subject to specific exceptions.
Allow a disability attorney from Marc Whitehead & Associates to teach you about VA Form 21-8940 and other forms that you’ll need to complete to apply for disability benefits. We can also help you collect your medical reports, clinical history, and other medical proof to strengthen your claim.
Question #3: Will I Get Back Pay for TDIU?
After you submit your claim, it can take months or years before it is resolved. If Veterans Affairs grants the TDIU rating, it can provide reimbursement for the waiting period in which you didn’t receive any benefits. This is called back pay, or retroactive pay, and the VA usually pays this as a lump sum.
The correct date that your TDIU retroactive payments should begin is the effective date and not the date you applied for benefits. How much you receive in retroactive compensation may depend on the effective date for your award.
This date can depend on when the VA received your VA claim, when entitlement arose, and whether an exception to effective-date rules applies.
Question #4: Are TDIU and SSDI Connected, and Can SSDI Affect My TDIU Claim?
You can be awarded SSDI benefits before you receive TDIU benefits. A Social Security Disability award, along with supporting evidence, can help demonstrate the strength of your TDIU claim.
The VA rating system (including TDIU) is based on percentages, where each service-connected condition has a percentage rating. Individual ratings are tallied using a complex formula to reach an overall VA Disability rating.
Question #5: How Long Does VA Individual Unemployability Last?
Unemployability benefits can be set forth by the VA as permanent at the time benefits are granted. When the VA awards TDIU benefits (100% disability) on a permanent basis, this is shown in your rating decision.
Based on the VA’s rules, if you receive TDIU benefits and begin substantially gainful employment, your TDIU rating generally cannot be reduced based on that work unless you have maintained substantially gainful employment for 12 consecutive months.
The attorneys at Marc Whitehead & Associates will account for the unique circumstances of your TDIU claim. If for any reason the VA disputes or rejects your benefits request, we are here to help.
Other Questions About a TDIU Claim That You Need to Think About
The Marc Whitehead & Associates team offers guidance and support to those who are interested in filing a Total Disability based on Individual Unemployability claim or contesting a denial. We will give your claim the attention it deserves. As we do, we will encourage you to think about various questions relating to your claim, such as:
Can I Work While Receiving TDIU?
You may be able to work while you receive TDIU benefits. If your earnings exceed the federal poverty threshold, the VA may consider whether your employment constitutes substantially gainful employment. Yet, your earnings above the poverty threshold don’t necessarily resolve that question in every case.
If the VA receives evidence that you are gainfully employed, it may ask you to confirm your employment status. The VA will consider the nature of your employment and other relevant circumstances when determining whether you will remain eligible for TDIU.
What Forms Do I Need to File for a TDIU Claim?
The lawyers at Marc Whitehead & Associates can detail the process for filing a VA Disability claim. Here is what you’ll have to file if you want to request benefits under Total Disability based on Individual Unemployability:
- VA Form 21-8940 for the official application
- VA Form 21-4192, which your most recent employer can complete
- Medical evidence that shows your conditions prevent you from working
Trust our attorneys to help you complete the required paperwork, gather medical records, employment records, and lay statements, and take other measures to illustrate to the VA that your conditions are affecting your substantial gainful employment. We can also walk you through the process of filing an appeal if the VA denies your benefits request.
How Does the VA Define “Unemployability”?
According to Veterans Affairs, a disabled veteran becomes unemployable when they can’t secure or maintain a steady job that supports them financially because of service-connected conditions. Marginal employment that pays below the poverty threshold generally does not count as substantially gainful employment and will not, by itself, disqualify you from TDIU.
Veterans have both schedular TDIU and extraschedular TDIU paths to qualify for benefits. Regardless of which of these paths you utilize, you will have to prove to the VA that your inability to work stems directly from your service-connected conditions and not general layoffs, retirement, or non-service issues.
Marc Whitehead & Associates proudly serves military men and women, including veterans who are going through the process of seeking VA benefits. If your VA TDIU claim has been denied, we want to help you appeal.
TDIU Claim Appeals: Questions to Consider
At Marc Whitehead & Associates, we know how frustrating it can be to request Veterans Disability benefits and to have your claim denied. Our attorneys will analyze your TDIU benefits denial. As we do, we want you to consider several questions, including:
Why Was My Claim Denied?
Our lawyers can review the “Reasons for Decision” section of your Veterans Affairs denial letter with you. In many instances, the VA will deny a disability benefits request for any of the following reasons:
- You didn’t meet VA rating schedule thresholds.
- You are able to engage in substantially gainful employment.
- You didn’t provide sufficient medical test results, treatment records, or other medical documentation to support your claim.
- An unrated condition is what’s actually stopping you from working.
- Your evidence didn’t establish that your service-connected disabilities prevent you from securing or keeping substantially gainful employment, considering your education, training, and work experience.
Per the Appeals Modernization Act, you can challenge the VA’s denial via a supplemental claim, a higher-level review, or an appeal to the Board of Veterans’ Appeals (BVA). Our lawyers can discuss each of these options with you and help you determine which one is viable based on the circumstances of your case.
How Much Time Do I Have to Appeal a Denied Claim?
In most cases, you have one year from the date printed on your VA decision letter to appeal a denial of your Total Disability Individual Unemployability claim. After this window closes, the VA’s decision becomes final, and you can lose out on back pay.
How Long Does an Appeal Take?
The timeline for your appeal depends on the facts of your case. Some appeals take months, while others can require years. Let the attorneys at Marc Whitehead & Associates evaluate your case and help you establish a realistic timeframe for your appeal.
During the appeals process, our veterans’ benefits lawyers will remain accessible. Any time you have concerns or questions, we want you to share them with us, and we will address them promptly.
We Have Answers to Your Questions About TDIU Claims
Today, the Marc Whitehead & Associates team has answered the top five questions about a Total Disability based on Individual Unemployability and many others. For additional veterans law insights, reach out to us.
We have 120 years of combined experience at our disposal. On top of that, our Veterans Disability attorneys offer eBooks and other resources. We will handle your TDIU claim with meticulous care and urgency, protect you from reductions in benefits, and assist with all aspects of your VA benefits request.
Give us the opportunity to help you with your Veterans Disability benefits claim. If the VA owes you TDIU retroactive pay or you need help appealing an unfair denial, we are your strongest ally. Contact us to learn more.
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