Veterans who either have a combined rating of 70% service-connected disability with one disability rated at 40%, or one rating at 60% may apply for Total Disability based on Individual Unemployability (TDIU). In other words, if you don’t have a combined rating of 70% but have a single disability rated at 60%, you would be eligible to apply. Let one of our skilled lawyers assist you with applying for TDIU benefits to maximize your chances of success.
You will need to submit VA Form 21-526EZ, as well as VA Form 21-8940, which is known as the Individual Unemployability application. You can find both forms on the Department of Veterans Affairs’ (VA) website. Once these are filled out, you will need to submit them to the VA online or by mail. The average timeframe between applying for TDIU benefits and receiving a decision from the VA is three to six months for initial claims.
When applying for TDIU benefits, you will need to provide the VA with records of your previous five years of work history in your Individual Unemployability application, as well as proof that your impairments are service-connected. If you are applying for TDIU based on multiple conditions, it is crucial to provide medical evidence of each and identify how each impacts your life differently and collectively.
It is ill-advised to include any information about non-service-related conditions. Fortunately, one of our attorneys can help you gather vocational, medical, and service records to demonstrate your eligibility for TDIU to the VA and argue for the functional impact of your service-connected disability in a comprehensive application. Out team can ensure your initial application for TDIU benefits is as comprehensive and detailed as possible.
The time between when your injury occurred and when you apply for TDIU does not matter, and there is no statute of limitations on your right as a veteran to file for disability compensation. Regardless, it is best to work with an attorney on applying for TDIU benefits sooner rather than later to ensure all of the evidence and medical data necessary is adequately gathered and compiled.
An experienced attorney on our team can help you through the entire TDIU claims process and make sure the appropriate evidence and documentation is submitted to the VA in a timely manner. Applying for TDIU without legal guidance can place you at a great disadvantage.
For instance, if you are retired, the VA may try to say that you are unable to work because of your retirement. However, someone who is retired can still receive TDIU benefits. The VA may also say that your service-connected disability doesn’t prevent you from working.
Our lawyers are here to help prove that your service-connected disability does prevent you from working to get you the benefits you’re entitled to. Call our firm today for more advice and insight on effectively applying for TDIU benefits.