What Should I Do If I Was Denied Individual Unemployability Benefits?
What to do if you are denied Individual Unemployability benefits. In a very brief nutshell, if at first, you don’t succeed, try, try again.
Oftentimes, especially on an initial application, the VA claims examiner will deny total disability individual unemployability (TDIU) claims. Claims examiners do this because the VA only has a limited amount of money. If some Veterans get frustrated and quit, there is more money to go around. VA claims examiners have a great deal of discretion. They can often deny claims even though there is not much of a basis for a denial.
Fortunately, the initial decision is 100% appealable. An assertive Veterans Administration appeals attorney knows how to present your case. It will be done in a way that resonates with the appeals board, or whoever is reviewing a TDIU decision on appeal. Therefore, with the right set of circumstances, you may have a good chance of obtaining maximum monthly TDIU benefits. These benefits start at $3106.04/mo. and can be more with dependents and Special Monthly Compensation.
Filing an Appeal
Generally, Veterans claiming TDIU have one year to file an appeal. That may sound like a long time, but it is best to reach out to an attorney early in the appeal process. Sometimes, it takes time to build a winning case. The Board of Veteran’s Appeals (BVA) hears claims as if they had never been presented before (also called de novo or anew). The claim examiner’s decision is almost completely irrelevant at the BVA level. As such, an attorney must often build a case from the ground up.
Sometimes, the claims examiner issues a written reason for denial, but that is not always the case. Denials of TDIU claims are often due to a lack of evidence. Some compelling evidence in TDIU claims includes:
- Medical Records: Sometimes, Veterans do not have sufficient medical records to establish their TDIU claims. Other times, the evidence was available, but it was not presented in the proper manner.
- Employment Background: Some Veterans produce claims examiners their resumes, and nothing else. A resume is a good start, but it is not enough. Employment records should include attendance sheets, write-up reports, and any other relevant employment document–especially if the claimant had issues getting to work on time, or had disciplinary issues related to their service-connected disabilities, or if the Veteran had difficulties working complete shifts.
First Things First
Additionally, in their rush to prove the extent of disability, some Veterans forget threshold matters. First, you must have the requisite service-connected disability rating. Even though 100% disability is not required, you do need some level of service-connected disabilities (in most instances). If you are a Veteran and you have at least one service-connected disability rated at least at 60%, you would meet the requirement. Alternatively, if you do not have a single service-connected disability over 60%, you could still qualify if you have multiple service-connected disabilities, that have a total combined VA rating of 70%, with at least one disability rated at 40% or more.
How an Attorney Can Help
At the Law Offices of Peter Cameron, we take your VA disability claim to the next level. In addition to the aforementioned basic evidence, we introduce things like:
- Vocational Experts: Some people think these individuals just review employment records and make conclusions. That is an important part of it, but vocational experts also testify about the Veteran’s overall employment prospects or lack thereof.
- Non-VA Doctors and Psychologists: In serious cases like TDIU claims, a medical opinion is often critical. These medical professionals provide an added perspective, which sometimes tells a more complete story.
Additionally, a VA disability appeals attorney is familiar with all the intricate requirements in the Code of Federal Regulations. Therefore, your appeal will be decided on the merits of the evidence and not some obscure procedural technicality.
Rely on Experienced Attorneys
Evidence is usually the key to success in a TDIU claim. For a free consultation with an experienced Veterans disability lawyer, contact Cameron Firm, PC at 800-861-7262 or fill out the contact box to your right. We are here to represent Veterans nationwide.
This article is for educational and marketing purposes only. It does not create an attorney-client relationship.