The Honoring Our Promise to Address Comprehensive Toxins Act (PACT Act) significantly expanded the number of illnesses presumed to be related to service through toxic exposure, mostly associated with burn pits and Agent Orange. However, the PACT Act did not significantly alter the VA’s disability rating system, meaning it is still difficult for veterans to […]
What are the basic TDIU Requirements? The basic VA disability rating scheme is pretty straightforward: the VA will compensate disabled veterans at a rate based on their level of disability. A ratings-based compensation means a veteran for whom the VA will pay an 80% disability rating more each month than a veteran for whom the […]
There are two components of TDIU claims. Sometimes, the Total Disability due to Individual Unemployability claims are straightforward. The veteran is not working, a VA doctor says the Veteran cannot work, and the Veteran has a disability rating that meets the requirements. But other times, there is some doubt in at least one of these […]
TDIU FORM: VA Form 21-4192 Disability is always subjective. A condition that might be disabling in one context might not be disabling in another. That is the main idea of a Total Disability de to Individual Unemployability claim. VA Form 21-4192 either establishes or undermines a Veteran’s contention that they are disabled. It might come […]
Frequently, the key to obtaining Total Disability due to Individual Unemployability 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. This form has some glaring omissions, as outlined below. Yet, in many cases, Form 21-8940 is […]
All disability determinations involve a combination of medical and economic factors; this is also true for TDIU eligibility. The doctor never sits you down and tells you, “You are 30% disabled.” That’s because it’s not just about your diagnosis. It’s about how your condition affects you and what it stops you from doing. This is […]
We hope to clear up any misinformation with the FAQ about TDIU. For the most part, the VA disability system is rather objective. Claims Examiners usually look at the Veteran’s diagnosis and symptoms in order to determine the disability rating. Total Disability due to Individual Unemployability (TDIU or IU) is different. These determinations are quite […]
It’s critical to know how the VA will evaluate TDIU claims before you file for benefits. Total Disability due to Individual Unemployability (TDIU) claims are much different from other Veterans Administration disability claims. TDIU matters are not quite original determinations and not quite pure reconsiderations. In 2009, the landmark case of Rice v. Shineski clarified […]
You can Apply for TDIU and Use the G.I. Bill But this combination often affects the “disability” component of a Total Disability due to Individual Unemployability claim. The D-word has more than medical implications. It also has vocational, age-related, and most importantly for purposes of this blog, educational aspects. Generally, well-educated people are more employable […]
Understanding TDIU Application And Proof This article explores some TDIU Application And Proof nuts and bolts. In many cases, the VA percentage rating system is an excellent way to determine the extent of disability and the appropriate amount of benefits. But in many instances, the rigid rating system does not capture the full extent of […]