5 Ways to Win a TDIU Case

Total disability based on individual unemployability (TDIU) is a way for veterans to get a 100% compensation without a 100% disability rating. This is possible when a veteran is completely unable to work due their service-connected disability. These cases aren’t easy to win, but they can be a lifesaver for disabled veterans. If you’re trying to win a TDIU case, here’s 5 steps to follow.

  1. The VA form 21-8940 is the first step you’ll need to take. This is the form used to apply for an increase of benefits based on individual unemployability. Filling out this form properly is incredibly important. Consulting a WV veterans benefits attorney is the best way to make sure all your t’s are crossed and your i’s are dotted on this form.
  2. Have your last employer fill out VA form 21-4192. If you can’t reach your last employer or if they’re out of business, you’ll need to fill out VA form 21-4138. This form explains why your last employer can’t be contacted.

  3. Get a doctor’s note stating you are disabled and can’t work due to your service-connected disabilities. This is the hardest, but most important, step to take. The VA has strict standards for diagnoses, so the doctor’s note needs to be very detailed and specific. It’s also not a bad idea to get a diagnosis from a few doctors and maybe even a specialist or two. The more medical professionals you have supporting your claim, the better. Make sure every diagnosis that you show the VA clearly defines your service-connected disability and how it prevents you from working. 

  4. Ask for a vocational opinion. The doctors at the VA are typically hesitant to award full disability and will often claim you can handle sedentary work. A vocational opinion can refute the VA doctor’s assessment by looking at how the combination of multiple disabilities affects your ability to work. Data from past TDIU cases has strongly suggested that having a vocational opinion greatly increases the chance for an approval.

  5. Hire a Parkersburg VA lawyer. At Jan Dils Attorneys at Law we have helped hundreds of veterans get approved for TDIU benefits. Our years of experience help us guide you through the process without any unpleasant surprises.


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