For many Veterans, securing Total Disability for Individual Unemployability (TDIU) benefits can mean the difference between struggling and thriving. However, you must take proper care to file this claim accurately, or else your benefits could end up being delayed or denied outright. Please reach out to our experienced Veterans’ disability benefits lawyers for assistance with a denial and appeals of a TDIU claim.
Evidence required in a TDIU case will include employment history, educational and vocational training, the functional impact of the service-connected disabilities, and an independent medical exam (IME) from a vocational expert. During an initial meeting with a lawyer, a Veteran should provide his or her work history and any medical records that supports the assertion that the Veteran is unable to work.
An experienced attorney will go through the entire copy of this claim file and determine what additional evidence is actually needed for approval. It is important to stress that a Veteran should not be obtaining substantial gainful employment if he or she wishes to secure TDIU benefits.
A lawyer does not have the authority to expedite the process unless the Veteran is facing financial hardship and it will be at the VA’s discretion whether or not they speed up the case or not.
One common reason why a TDIU claim might be denied by the VA is the failure to submit the VA Form 21-8940, which is the IU application itself. This can happen when there is no lawyer present to assist with the application.
The VA will typically schedule the Veteran to attend compensation and pension (C&P) exams when applying for TDIU. If the Veteran does not attend those exams, that could always result in a denial. Finally, a claim could be denied if an examiner gives an opinion that their disability claims do not prevent them from obtaining gainful employment.
If someone was previously denied TDIU and the claim is closed, he or she would need to supply new relevant evidence and submit a supplemental claim. There is no limit on the number of times someone can apply for these benefits.
A lawyer can walk the Veteran through the appeals process, step by step, and help acquire all necessary evidence. Hearings will happen on a case-by-case basis, and will depend on the reason why the specific case was denied.
A Veteran has one year from the date of his or her denial to appeal the decision. If they do not file within that timeframe, then the claim would be closed and they would have to submit a supplemental claim with new relevant evidence.
It is important to have legal counsel when appealing a TDIU claim denial because if a Veteran appeals it using the wrong form or if it is not appealed within a timely manner, that can always result in the claim being closed. Attorneys can handle all of that for the Veterans so it is completed properly.
We work with Veterans all over the country on their application for VA benefits – including individual unemployability. It is wise to have someone guiding you throughout, so you are doing all you can to avoid denial and appeals of a TDIU claim. Please call us today for a free consultation.
