TDIU Appeal
Veterans with a lower than 100% VA disability rating who still cannot work due to their conditions can apply for Total Disability Individual Unemployability, or TDIU. Under TDIU, they can receive equivalent benefits to those with a 100% rating. While a denial for TDIU benefits may feel disheartening, a successful appeal can help get the payments you need for your family’s security.
Veterans Guide has helped thousands of veterans get the benefits they’ve earned, including TDIU. Our staff can help you access the information and guidance you need for a strong appeal.
Reasons for a Denied TDIU Claim
The Department of Veterans Affairs may deny your TDIU claim for several reasons, including insufficient evidence and failure to meet the eligibility criteria. They may also make a mistake in calculating your rating.
Providing more evidence about your medical condition and employment history may lead to a successful appeal of your TDIU application.
Lack of Medical Evidence or Vocational Impact
Your TDIU claim needs to show medical evidence that your service-connected condition makes you unable to work. Your medical records should address any functional limitations caused by your condition. If you don’t provide such evidence, your claim will likely be denied.
Inadequate Documentation of Employment History
An accurate employment history can help show the VA your difficulties in finding and keeping a job due to your service-related condition. Documentation of past employment should include performance reviews, records of reduced hours, termination records, or statements from employers that confirm difficulties caused by your disabling condition.
If your records are unclear or incomplete, your TDIU may be denied. The more information you provide showing job duties that your condition prevents you from performing, the better your chances of approval.
How To Start the TDIU Appeals Process
The TDIU appeals process generally involves the following steps:
Step 1: Notice of Disagreement
Until February 19, 2019, veterans had to submit a Notice of Disagreement, or NOD, for an appeal, including contesting a denial of TDIU benefits. However, the Appeals Modernization Act established several different paths for appeals to reduce processing times and increase accessibility.
Under the new system, you only need to file a Notice of Disagreement if you choose to appeal to the Board of Veterans’ Appeals.
Step 2: Options for TDIU Appeals
You have the following three options for filing a TDIU appeal with the VA:
- Higher-Level Review: During a higher-level review, a senior reviewer will reassess your claim to see if the initial decision was correct. This type of appeal doesn’t allow you to submit additional evidence, but it is a good option if you feel your disability rating was inaccurate
To pursue a Higher Level Review, submit VA Form 20-0996 by mail or in person at a VA regional office. Veterans have one year from receipt of the initial decision letter to request a Higher-Level Review.
- Supplemental Claim: Supplemental claims allow you to submit new and relevant evidence supporting your claim to your regional office. You can submit updated medical records, new Nexus letters, and additional employment documentation. However, the VA will only look at additional evidence and won’t reevaluate their calculations.
To pursue a Supplemental claim, veterans must submit VA Form 20-0995 and additional supporting evidence by mail or in person at a regional VA office. While there is no time limit to file a Supplemental Claim, the VA recommends that you do so within one year of your initial decision letter to preserve the effective date of your original claim, allowing you to receive backpay or retroactive awards if your appeal is successful.
- Board of Veterans’ Appeals: This is the most formal review option. A Veterans Law Judge will review your claim. You can choose to have a hearing and submit new evidence. BVA appeals can take more than a year.
To pursue review by the Board of Veterans’ Appeals, use the current NOD, VA Form 10182. You must submit your form within one year of the date on your rejection letter from the VA.
The right type of decision review for your claim depends on the circumstances of your case.
Step 3: Choosing the Best Appeal Route
If your TDIU claim was rejected for a lack of medical evidence, you’ll probably want to file a supplemental claim. This option allows you to submit additional evidence showing that your service-connected disability makes you unable to work. The VA tries to process these appeals in four to five months.
If you disagree with the VA’s TDIU decision or if the VA miscalculated your disability rating, you may want to file a higher-level review. A senior reviewer will re-examine your claim, but you cannot submit new evidence. The VA tries to process these appeals in four to five months .
Many veterans appeal to the BVA after the other paths fail to produce an approval. A Veterans Law Judge can look at additional evidence or review the decision without any supplemental information. You decide what you want the judge to do when you submit your NOD. Though the VA tries to process these appeals within one year, some dockets take even longer.
If you need help with the disability process, a qualified VA attorney can help you understand your options.
What Evidence To Submit for a TDIU Appeal
If you’re pursuing a supplemental claim or a BVA appeal with new evidence, the evidence you submit must be new and relevant. New means it’s information the VA hasn’t seen before, and relevant means it proves or disproves something. The following are some types of evidence that can bolster your appeal:
- Medical evidence: Many TDIU claims are rejected for lack of evidence showing how your condition prevents you from working. Additional evidence can include medical records, doctors’ statements, or documentation of your functional limitations and pain levels.
- Vocational evidence: Your work history should demonstrate that you cannot maintain gainful employment. You can support this evidence with your testimony or other evidence that shows your inability to work.
- Statements and testimony: Your friends, family, and co-workers can submit a lay/witness statement, sometimes called a buddy statement, supporting your claim. For a TDIU claim, these testimonies should focus on how your disability stops you from working.
A VA attorney can assist you in collecting evidence for your appeal.
What Happens After Filing a TDIU Appeal
After you file your TDIU appeal, the VA will contact you if additional information is required. The length of your wait for a decision depends on the type of appeal you pursue.
If your appeal is approved, you will receive full TDIU benefits. If your appeal is denied, your benefit status will not change, and you’ll need to consider further appeal options to pursue TDIU.
Your decision can also be remanded, which means the VA needs additional information or clarification before making a final decision.
What To Do if Your TDIU Appeal Is Denied
If your TDIU appeal is denied, you have a few options. You may request a remand for additional information. If you have received a final decision from the BVA, you may also appeal to the U.S. Court of Appeals for Veterans Claims.
This option might make sense if you feel your appeal decision is legally incorrect. To pursue such an appeal, you must file a Notice of Appeal within 120 days of the date of your BVA denial. This is a lengthy and complicated process, so it’s important to have quality legal representation.
Another option to receive full VA disability benefits is to seek an increase to a 100% VA disability rating instead of a TDIU claim. A qualified VA lawyer can help you pursue an increase in your rating.
Need Help With Your TDIU Appeal?
Many veterans currently receiving TDIU benefits had their claims denied initially, but were able to get the benefits they needed after an appeal. Your TDIU appeal can be successful, especially if you work with an experienced VA attorney who can advise you about the best strategy and help you strengthen your claim.
Veterans Guide has helped thousands of veterans with their appeals for VA benefits. Certain appeals are time-limited, so act quickly if you’ve received a TDIU denial. Contact us today for a free case evaluation.
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