How to Appeal Denial of Your VA TDIU Claim
Total disability due to individual unemployability (TDIU) offers an important opportunity for veterans whose medical conditions prevent them from working, but whose disability rating is less than 100% to receive full benefits.
Generally, to qualify for TDIU, the veteran must:
– Be medically unable to earn a living due to service-connected conditions, and
– Meet minimum disability rating requirements
Note that being able to do occasional work shouldn’t disqualify you. The test is whether you are able to engage in substantial gainful activity.
There are two ways a veteran can meet the minimum disability rating requirements to be considered for TDIU. The veteran may be rated at least 60% disabled due to a single condition. Or, the veteran may be rated at least 70% disabled based on a combination of conditions, at least one of which is rated at 40% or greater.
Appealing a TDIU Denial
The next steps after a TDIU claim is denied depends on the reason for the denial. For example, if the claim is denied because the veteran does not meet the criteria for existing disability ratings, an appeal is unlikely to be successful. The better approach might be to attempt to increase the underlying disability rating.
Most of the other reasons for denial revolve in one way or another around the medical evidence. For example, the VA may determine that the veteran is not disabled to the point that they are unable to work. Or, the VA may decide that the veteran is unable to work, but that it is at least in part due to non-service-connected disabilities. Or, they may look at the veteran’s work history and decide that based on their past experience, there is work they can perform with their disabilities.
Appealing any of these determinations will depend at least in part on submitting detailed medical documentation. Often, the records that your doctor keeps are not sufficiently specific to satisfy the VA. If you expect to change their minds, you will need to ensure that those gaps are filled. This may require a fresh medical examination or medical testing.
Talk to a VA Disability Benefits Advocate Before You Take Any Action
When appealing a VA denial of TDIU classification, it is important that you identify exactly what the VA found lacking in your initial claim and fill that gap. This may be difficult to determine on your own. However, the experienced VA disability benefits advocates at Veterans Help Group have worked with thousands of people applying for or appealing denial of veterans disability benefits. We know how to identify what went wrong, and what type of information is necessary on appeal.
To learn more about how we can help, call (855) 855-8992 right now or contact us here now.
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