Total Disability Ratings based on Individual Unemployability? Here’s what you need to know…
What is TDIU?
Total disability based on Individual Unemployability (TDIU or IU) is a benefit that may be awarded to veterans with service-connected disabilities that prevent them from working. Veterans who are granted TDIU are compensated at the 100-percent disability rate.
Generally, to qualify for TDIU, you must be unable to obtain or maintain substantially gainful employment because of your service-connected disabilities. When assessing entitlement to TDIU, applicable regulations direct VA to consider whether a veteran has a single disability rated at 60%, or has a combined rating of 70% with a single disability rated at 40%. However, you may still qualify for TDIU if you are not working due to your conditions, even if your disability rating(s) do not meet these rating criteria.
I’m trying to get to a 100% rating, but VA just denied my request for an increased rating, can I apply for TDIU?
Within one year of a VA Rating Decision regarding the evaluation of your service connected disabilities is the perfect time to request VA consider TDIU. VA’s rating schedules and VA “math” can make it very difficult for a disabled veteran to achieve a 100% (or “total”) combined rating. But TDIU is an alternative way to be compensated at the 100% rate. IU does not need to be filed as a new claim either (although it can be), it can be raised as part of any underlying disability.
If you have a recent Rating Decision regarding the evaluation of your service connected disabilities, and you are unable to work due to your conditions, contact us to determine if TDIU might be a benefit to you.
When is the best time to file for TDIU?
The timing of your claim often determines its effective date, or the date that VA will award your retroactive benefits from, should the claim be granted in the future. There are a few times where it is most beneficial to file a claim for TDIU to preserve the earliest effective date. However, you could certainly file a claim for TDIU at any time your service connected disabilities prevent you from working. Here are the best times to file your claim for TDIU to preserve your earliest retroactive effective date:
1. Within one year of leaving the workplace. If filed within one year of leaving the workforce, VA may award benefits from the date you last worked.
2. Within one year of your disabilities worsening. VA can use medical records from within the last year to determine that your disabilities worsened to such a degree that it prevented you for returning to work. For example, medical records regarding surgeries for service connected disabilities, or the onset of a service connected cancer would be evidence of objective worsening of those conditions and may provide a basis for an earlier effective date if your TDIU claim is received within one year of the date of the medical records.
3. Within one year of your departure from active duty. Particularly if you were medically retired or separated and your service connected disabilities have prevented you from obtaining employment post-service, if filed within one year of your separation from active duty, VA may award TDIU effective the day after your separation.
4. Within one year of a prior Rating Decision. As mentioned above, if you have a recent decision regarding the evaluation of your service connected disabilities, raising TDIU following that decision may protect an effective date back to your initial date of claim.
5. Anytime! If one of the above scenarios does not apply to you, don’t fret! TDIU can be raised anytime that your service connected disabilities have prevented you from returning to work. You can also use an “Intent to File” to preserve your effective date for up to one year while you gather evidence in support of your claim for TDIU.
I receive Social Security Disability payments, can I also receive TDIU?
Yes! A veteran that is entitled to both Social Security Disability payment and TDIU can receive both payments, in full, without an offset. If you are in receipt of Social Security Disability predominately due to your service-connected disabilities and want to explore eligibility for TDIU, contact us for a free case evaluation!
I’m interested in TDIU, but I have questions - Can I speak with someone?
Yes! We would be happy to speak with you about whether TDIU might be a benefit for you. Contact us for a free case evaluation. We look forward to assisting you!