If you’re a veteran applying for Total Disability based on Individual Unemployability, or TDIU, benefits, you believe your service-connected conditions will keep you from working and likely need the extra income to cover medical bills and living expenses. Thus, it’s natural to anticipate that your application will be approved. However, the Department of Veterans Affairs might not agree that you’re unable to work.
Many veterans face an unexpected denial of TDIU benefits. Thankfully, an initial denial is not the end of the road. There are ways to appeal a TDIU denial and continue pursuing the enhanced benefits that you deserve.
What Are the First Steps to Appealing a Recent TDIU Denial?
The first step in appealing a TDIU denial is to review the denial letter and find the VA’s stated reason for rejecting your disability benefits claim. Once you know what was wrong with your application, you can begin gathering additional evidence to strengthen it, such as medical records, employment history documentation, or other supporting information.
The Appeals Modernization Act gives VA benefits applicants one year to take action after receiving a denial letter. To proceed, you’ll have to choose one of the following three options for appealing your TDIU denial:
- Filing a supplemental claim: This allows you to submit new information or evidence that the VA hasn’t previously considered.
- Requesting a Higher-Level Review: This allows a more experienced official to review your case and overturn the decision if they believe it was erroneous.
- Requesting a Board of Veterans’ Appeals hearing: A Veterans Law Judge will handle your formal appeal.
What Could Have Caused Your TDIU Denial?
If the VA denies your TDIU claim, it will likely cite one of the following reasons:
- Insufficient medical evidence: Your medical records are key to a successful claim, and missing or inadequate information is one of the most common reasons for a TDIU denial.
- Failing to show unemployability: If the VA believes it’s still possible for you to work a job that will provide gainful income, it won’t allow you to receive TDIU benefits.
- Procedural errors: Small mistakes can still sink your claim, so it’s important to fill out and include all the correct forms with accurate information.
- Not meeting qualifications: To qualify for TDIU benefits, you must either have one disabling condition rated 60% or higher, or a combined rating of at least 70% with one or more conditions rated at least 40%.
Can a Veterans Disability Lawyer Help With Appeals?
An experienced veterans disability attorney can help guide you through the VA appeals process, handling all aspects of your claim and minimizing your stress. Your lawyer can help you gather key documents and medical records to strengthen your claim and advise you about how to meet the VA’s eligibility requirements. They can ensure you file the correct forms and include all relevant evidence.
While professional legal help can’t guarantee that your appeal will succeed, having a team of knowledgeable attorneys on your side can greatly improve your chances of getting the results you deserve.
Contact Rob Levine Law’s Veterans Disability Lawyers Today
The experienced veterans disability team at Rob Levine Law has more than 75 years of combined experience advocating for the rights of servicemembers. Founder Rob Levine, a former military police officer with the Rhode Island National Guard, leads our firm with a commitment to giving back to servicemembers and ensuring they receive the benefits they’ve earned.
Over more than 25 years of practicing law, we’ve helped more than 50,000 people recover over $2 billion in injury compensation and disability benefits. If you need help appealing a TDIU denial, our team is available 24/7 to answer your questions and provide guidance.
Win or no fee™, that’s the Fee Free Guarantee®. Contact us online or call (800) 742-3920 today to schedule a free consultation.
