Common Challenges for TDIU Cases

TDIU is a type of disability benefit offered through the VA. This program provides veterans with compensation at a 100 percent rating—the highest amount available—even when their schedular rating does not combine to equal 100 percent. The purpose of these benefits is to help veterans who are unable to hold substantially gainful employment, even if they aren’t recognized as fully disabled through the VA.

There are multiple reasons why the VA denies TDIU claims, but overcoming these issues is often possible. At Gang & Associates, our TDIU attorneys can help you deal with the denial by filing an appeal on your behalf. By preparing for these common challenges, you could secure the benefits you deserve.

Challenge #1: Using All of the Evidence Available to You

Putting together a winning TDIU claim can be difficult. While many veterans submit their medical records and hope that will be enough, there are often other pieces of useful evidence that could be useful to your case. Without the help of a TDIU lawyer, it might be difficult to identify every document or piece of evidence that can show the VA you deserve benefits at the 100 percent rating level. Some examples include the following:

• Lay Testimony.
• Employment Records. Employment records can be invaluable for TDIU cases. They can provide the VA with a clear picture on your limited ability to maintain full-time or even part-time employment.
• Expert Vocational Reports. Your doctors are not the only experts that may be able to help with your case. In addition to relying on skilled professionals to establish the severity of your disability, you might also benefit from working with vocational experts who can testify about your limited employment options.

Challenge #2: Identifying The Right Forms

When filing a TDIU claim, veterans encounter a variety of forms and documents, each playing a critical role in the process. While technically the use of VA Form 21-8940 is not mandatory, it is rare for the VA to adjudicate a TDIU claim without it. Unfortunately, many veterans lack the experience to recognize which forms and supporting documentation are crucial to their case.

VA Form 21-8940 is so pivotal that the VA often sends it to veterans during the claims process, requesting it be completed and returned. This form captures essential details such as work history, education, and vocational skills. To maximize the form’s impact, applicants should clearly identify service-connected (SC) symptoms that undermine their ability to sustain or return to gainful employment.

Another important document is VA Form 21-4192, which provides employer confirmation of the veteran’s work history and reasons for termination or reduced hours. Including this form ensures that the VA has a comprehensive view of the veteran’s employment challenges, further strengthening the claim.

By carefully completing these forms and providing detailed evidence of how SC symptoms affect employability, veterans can significantly improve their chances of success with their TDIU claim.

Challenge #3: Understanding TDIU Requirements

One of the major pitfalls when filing these claims is understanding the complex requirements that the VA sets out. Some veterans pursue TDIU benefits without first understanding what is required for a successful claim. Often, the hangup is a misunderstanding of the substantially gainful employment.

To qualify for TDIU, you must be able to show the VA that you cannot obtain or maintain substantially gainful employment due to your disability. In general, substantial gainful employment means earning enough money per year to be above the federal poverty threshold.

There is a common misconception that veterans cannot work at all if they intend to qualify for TDIU. Not only is that not the case, but it may be possible in limited situations to qualify while also earning more than the federal poverty threshold. This can happen when a veteran works in a protected work environment that gives them accommodations that are not available to most employees.

Challenge #4: Navigating TDIU and SSDI

While it is possible for a veteran to qualify for both TDIU and Social Security Disability Income (SSDI) at the same time, there is a common misconception that qualifying for one automatically qualifies you for the other. That is not the case.

These programs have some similarities, but they are not identical. SSDI is operated by the Social Security Administration, while the VA handles TDIU claims. Each of these arms of the federal government are not required to abide by the others’ findings of substantially gainful employment.

That said, if you are already receiving SSDI benefits, a TDIU attorney could use that to your advantage. The VA is not bound by the decisions of the Social Security Administration, but they will typically take them into account. Decision-makers from the VA have the ability to review the records used by the Social Security Administration, but they are not obligated to reach the same conclusions.

Challenge #5: Identifying Excluded Income

Many cases will come down to the bottom line: does a veteran make too much money or not. Because of this either/or situation, it is crucial to avoid any mistakes when calculating the total eligible income you have earned.

There are many types of income that do not qualify as being “earned” according to the VA. Separating out these sources of funds is important, as they are to be excluded from this calculation prior to submitting the forms to the VA. Some of the types of income that are excluded include:

• 401k accounts
• SSD benefits
• Pensions
• Retirement accounts
• IRAs
• SSI benefits

If you include these sources of funds, you will accidentally inflate your reported wages above what they actually are. This may push you over the threshold, rendering your ineligible for benefits.

Let Gang & Associates Help You Overcome These Challenges

Getting the best possible results in a TDIU claim can be difficult—even more so than your standard VA claim. Denials are common, but they do not have to mean the end of your shot at compensation. You have the right to appeal the decision, and you never have to do so alone.

Gang & Associates are here to help you deal with your denial and take on the appeals process. Contact us as soon as possible to discuss your options.