Military service can take a mighty toll on the body and mind. For many Veterans, obtaining a discharge and resuming civilian life does little to ease the pain of old wounds. Although Total Disability Individual Unemployability (TDIU) benefits offer Veterans with disabilities the promise of a steady income, obtaining TDIU isn’t always straightforward. The Department of Veterans Affairs (VA) can reject new claims and adjust existing determinations when it feels the evidence isn’t in your favor.
You don’t have to take chances with your benefits. Read more to learn about your options for challenging a TDIU rejection or reduction, or contact Sean Kendall, Attorney at Law, to speak to an unemployability claims lawyer and schedule your free consultation.
VA and TDIU Reductions and Rejections
TDIU is a form of compensation for Veterans who can no longer work due to a service-related condition but wouldn’t otherwise qualify for a 100% disability rating. Here’s what you need to know about obtaining TDIU, and why securing benefits isn’t always straightforward.
How Your Rating and Evidence Affect Your TDIU Claim
The VA is a federal agency regulated by federal law. Currently, the VA can only grant benefits like Total Disability Individual Unemployability compensation if an applicant meets certain criteria. To obtain schedular TDIU benefits, Veterans must typically prove that they have either of the following:
- At least one service-connected condition with a disability rating of 60% or more, or;
- Two or more service-connected disabilities with a combined rating of 70% or higher, with at least one of these disabilities rated at 40% or higher.
Aside from having to meet disability-related requirements, most Veterans who apply for TDIU benefits will also have to show that their service-connected conditions have left them unable to obtain or maintain “substantially gainful employment.” This often means proactively collecting evidence from your friends, family members, and health care providers.
5 Factors That Could Lead to Lead to a Change in Benefits
The VA can reject TDIU claims or reduce existing benefits for many reasons. Some of the most common factors affecting TDIU eligibility that could lead to a change in benefits include, but aren’t limited to:
- You didn’t file Form 20-4140. This is used to verify your employment information. If you’re receiving TDIU benefits, it must be completed and returned to the VA each and every year. Forgetting to file could cause your benefits to be reduced or terminated.
- Your income has changed. If your income increases significantly due to a change in income or work circumstances, you could lose your eligibility for TDIU.
- You’ve been working for 12 or more consecutive months. You cannot receive standard TDIU benefits if you work for 12 or more consecutive months in what the VA terms a “non-protected work environment.”
- Your condition or disability has improved. If your service-connected condition has improved, your rating could be reduced. In some cases, a reduced rating can lead to a loss of TDIU benefits.
- You missed your TDIU re-examination. You may be asked to attend a re-examination to keep your TDIU benefits. If you fail to attend your re-examination, your benefits will most likely be terminated or reduced.
The VA can reduce or revoke TDIU benefits for a variety of other reasons, too. If your application is rejected or your benefits are reduced, you should receive an explanation with your decision letter. Your letter should include information about the VA’s reasons for taking adverse action on your claim and instructions on filing an appeal.
Challenging the VA’s Decision on a TDIU Claim
If your claim for TDIU is denied, you have a legal right to appeal. First-stage appeals can take several different forms, which include:
Submitting a Notice of Disagreement
The VA uses automated systems to calculate and assign ratings. If you believe you have received an unfair rating or rejection, you may have the option of filing a formal Notice of Disagreement (NOD). By using a NOD, you can contest the VA’s findings on:
- Your disability’s service connection.
- The effective date of your award.
- The VA’s evaluation of your disability.
After completing your NOD, you’ll have the option of submitting it to a Decision Review Officer or an appeals panel. Both methods have their own advantages and disadvantages. Before taking action, consider scheduling a free consultation with a VA appeals lawyer.
Filing a Supplemental Claim
You can file a supplemental claim to provide evidence missing from your original TDIU application. The type of evidence submitted will always be unique to your claim. Depending on the facts surrounding your case, it could take the form of:
- Medical records.
- A physician’s report or doctor’s opinion.
- Buddy letters and other witness statements.
Any evidence that you submit must be proof that wasn’t included in the rejected claim.
Requesting a Higher-Level Review
If you received an adverse decision on an initial TDIU claim or a supplemental claim, a “higher level” VA official looks over your application to make a re-determination. They may also contact you directly to request more information and evidence about your claim.
Don’t Take Chances With Your Benefits: Sean Kendall, Attorney at Law, Could Help You Win Your Appeal
If your service-connected disabilities leave you unable to work, you shouldn’t have to wage an endless war against federal bureaucracy to obtain benefits you’ve already earned.
Sean Kendall, Attorney at Law, has spent more than 30 years helping Veterans secure their right to disability compensation. Our office could help you move past a rejected claim or reduced benefits decision by:
- Reviewing your filings for technical errors.
- Helping you obtain the right type of evidence for your claim.
- Working with the VA and medical providers to locate critical records.
- Guiding you through the appeals process.
- Aggressively representing your interests before an appeals court.
Although an experienced Veterans law attorney can help you move past an unfair determination, you can’t afford to wait too long to contact a lawyer: under federal law and agency rules, you must request a review or submit an appeal promptly. If you delay, you could lose your right to TDIU benefits.