How long does the VA take to process a TDIU claim?

4-10 months
The VA may take 4-10 months to issue an initial decision. If you are awarded TDIU benefits, congratulations, you won’t have to go through the appeals process. This part of the VA Individual Unemployability timeline can easily take 4-7 years.

How do I know if my TDIU is permanent?

If the VA decides your TDIU benefits will be permanent, this will be indicated in your rating decision. It may be done in one of several ways: There may be a “Permanent and Total” (P) box on your form that is checked. The form may state “no further exams are scheduled”

Do you get back pay for TDIU?

If VA grants the TDIU rating, what about all that time you were waiting and received no benefits at all? This can add up to many thousands of dollars. VA does reimburse this and the payment is referred to as TDIU back pay, or retroactive pay. Usually, the VA pays this as a lump sum.

How hard is it to get TDIU from the VA?

To apply for TDIU benefits, veterans are required to fill out VA Form 21-8940. Veterans currently out of work or those who have been unemployed for years may find that they qualify for TDIU almost immediately. To qualify, one disability must be rated at an overall of 70% or higher.

Does TDIU require C&P exam?

The purpose of C&P exams for TDIU, much like other C&P exams, is to examine the veteran’s condition(s) and determine the severity. The examiner will generally be analyzing the conditions claimed to determine whether they are severe enough to preclude the veteran from obtaining substantially gainful employment.

How often does the VA reevaluate TDIU?

Veterans assigned a TDIU rating will be subject to completing VA Form 21-4140: Employment Questionnaire, annually. This form verifies that the veteran has not taken part in substantially gainful employment over the past year.

Does TDIU expire?

The short answer is that a TDIU rating is not permanent, but it only gets taken away when facts and circumstances warrant such a change.

Is TDIU a separate claim?

The Court has held that a request for TDIU, whether expressly raised by a veteran or reasonably raised by the record, is not a separate claim for benefits, but is rather part of the adjudication of a claim for increased compensation.

Can I work while on TDIU?

You can work and collect VA disability benefits as long as you are not receiving benefits called Total Disability based on Individual Unemployability (TDIU). If you qualify for TDIU, this means you may be able to get disability benefits at the same level as a veteran who has a 100 percent disability rating.

Does the VA automatically give you TDIU?

VA is, in theory, able to award the highest benefit available including TDIU without this form. However, VA typically does not award TDIU without the use of the form. The form then is crucial because it contains much of the information that VA needs to determine whether the veteran qualifies for TDIU.

Why is TDIU denied?

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.

What are the requirements for a TDIU claim?

A TDIU claim must demonstrate the severity of your impairments and how they prevent you from earning a living. An award of TDIU often comes down to the sufficiency (or insufficiency) of the evidence you give to the VA. What are the VA’s criteria for TDIU eligibility?

When does the TDIU effective date go on a disability claim?

If evidence of your unemployability first went before the VA when you filed for an increased disability rating, the TDIU effective date would likely be the later of the following two dates: (b) The date you were first determined to be unemployable due to your SC disability ratings.

What is TDIU?

TDIU can provides a substantial financial benefit for those whose schedular ratings do not combine to 100%; for example, there is currently about a $1,200 compensation gap between a 90% rating and a 100% rating. How do I get TDIU? The VA outlines TDIU regulations under 38 CFR 4.16, which encompasses subsection (a) and (b).

Will I get back pay for TDIU?

3) Will I Get Back Pay for TDIU? Once you submit your Individual Unemployability claim, it can take months or years before your claim is resolved. If VA grants the TDIU rating, what about all that time you were waiting and received no benefits at all? This can add up to many thousands of dollars.