Frequently, the key to obtaining Total Disability due to Individual Unemployability (TDIU) benefits is successfully filling out VA Form 21-8940.
It’s an application for Individual Unemployability disability benefits for a service-connected condition that prevents you from keeping a steady job.
While this form is the required application, knowing how to fill it out properly is crucial. In many cases, a well-prepared Form 21-8940 is sufficient to obtain benefits, either at the initial review or on appeal.
Since the largest section of this form is devoted to employment history, many Veterans assume that Form 21-8940 is mainly statistical. That is not the case. Putting the correct information on this form and presenting it properly is a key part of a successful TDIU claim. Our VA disability attorneys can help Veterans understand this paperwork as part of a claim we are handling.
Completing the Form
VA Form 21-8940 begins with a relatively straightforward section, Veteran’s Identification Information. The only caveat is Box #6, the email agreement.
Box #6 includes an option stating, ‘I agree to receive electronic correspondence from VA in regards to my claim.’ Only select this option if you are more comfortable with electronic communication than paper communication, as doing so may change future communication to electronic form. Also, double and triple-check your email address to ensure it is correct.
Next is Section II: Disability and Medical Treatment. The space provided in this section is often not reflective of the amount of information required, as most Veterans applying for TDIU benefits have at least two or three disabling conditions. When filling out the boxes in Section II, keep your handwriting small yet legible. Typing the form may be an easier option as you can shrink the font size.
Filling In Section III
Section III, Employment Statement, can be counterintuitive. Sometimes it can be a bad thing to list too many jobs on an application or resume. However, in this context, Veterans should list as many jobs as possible to show their work history.
Section III begins with Box #14, Date Your Disability Affected Full-Time Employment. Your answer should be subjective, meaning it should be the date you believe your disability affected your ability to work. On the other hand, Box #16, Date You Became Too Disabled to Work, requires an objective answer. Usually, the answer is when a doctor advised you not to work or work less due to your disability.
It is important to ensure the information provided in the employment history section is complete and accurate, as the VA may seek to verify it.
The next page can be a puzzler. Veterans must list their attempts to find work since the outset of their disabilities. It is usually best to have one or two entries in this section. Generally, Claims Examiners do not want Veterans to pound the pavement even though they have little chance of getting hired, but they want to see that you made an effort.
Section IV, Schooling and Other Training, is relatively straightforward. If you wish to include additional information in Section V, Remarks, be sure to reference the corresponding question number.
Additional Information
Many Claims Examiners take a rather specific view of TDIU cases. They are under the impression that if a Veteran is theoretically able to obtain substantially gainful employment in an unsheltered environment, the applicant is ineligible for these benefits.
Briefly, ‘substantially gainful employment’ is generally a job that pays enough to keep the Veteran and any dependents out of poverty. A ‘sheltered environment’ is generally one where a family or Veteran-owned employer provides accommodations for the Veteran, which would be unavailable elsewhere.
As it may be difficult to prove these factors, we often seek the assistance of vocational experts and professionals. These experts provide reports detailing the Veteran’s actual likelihood of obtaining substantially gainful employment in an unsheltered environment.
Rely on Diligent Attorneys
Properly completing this form is a critical step toward securing TDIU benefits. For a free consultation with an experienced Veterans disability attorney, contact the Cameron Firm, P.C. 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.