TDIU: How to get VA Unemployability

[@benbwma]

Excellent! I love the round table interactive discussion. Great job!

[@CCK_Law]

We appreciate your message, thank you for watching with us. We hope the information is helpful!

[@MB-oz9qi]

Why VA takes so long for a decision with higher level review correcting an error going on 2yrs with my claim for TDIU and now want me to do another C&P exam after I did one 1yr ago. Is this a way not to give me TDIU. They play too much.

[@forcesightknight]

I have a question of mathematics and percentage ratings. I am rated at 50 percent at the moment, but I have 10% for each knee (20%) 10% for lower back pain (30%) and another 30% for ptsd. That adds up to 60%. For some reason the VA says the way the math works it only adds up to 50%. If people want to know why veterans go crazy, its stuff like that.

[@CCK_Law]

Calculating your combined disability rating using VA math can prove to be a challenging and confusing process. To assist you on calculating we have developed a disability calculator. Check it out here: cck-law.com/va-disability-calculator/

[@ronaldhaugen5967]

The microphone should be turned up. Uncle Sam took my hearing thanks

[@robertjackson9495]

Is there an age limit on TDIU?

[@anitameyer9319]

My spouse is 83 and waiting to be service connected with a claim that was submitted October 2020. It’s august 2021 and stilll waiting on a decision. In June ‘21, we submitted an 8940 to be considered for TDIU when reviewing the original claim. VA hotline told me today a 526EZ MUST be submitted. My understanding by listening to your video is that the 8940 would be considered with my original claim for service connection????

[@thomaspaxton7799]

The va hospital longbeach ca. Accidently cut my collateral ligament whil replacing my knee the Va only gave me 40 percent. While crippling me for life.

[@carlosh11934]

I'm at 70% for mental condition which is manifested by suffering from anxiety, nervousness, mental lapses in memory, agitation, amoung other things. I have applied to TDIU with the help of an advocate here in Texas. I have been turned down by the VA at least twice. It seems to me that what might help me reach 100% would be a letter from a Vocational expert. How do I go about finding one that could work with me?

[@brycezavala7870]

Where can I find where it's states that TDIU Should start from the initial claim and not when I applied for TDIU.

[@CCK_Law]

Hi @Bryce Zavala - Great question! This rule isn't in VA's regulations. It actually comes from the 2009 federal court case Rice v. Shinseki. To learn more about that decision, check out our video on the 10 most important CAVC cases: cck-law.com/video/10-cavc-cases-every-veteran-should-know-part-2/

[@carlosverges5074]

I have 90% combined compensation, do I have to be re-examined? For TDIU

[@michaelvaughn2287]

I didn't find it clear ,as to weather or not if I only have let's say 30% so not even hitting a 40% but have a vocational expert claiming that I am unemployable would I still be entitled to tdiu ?

[@jevet-lady4308]

It's not impossible but, it would be a definite uphill journey and the evidence would really need to show you are unable to work solely due to your service connected disabilities. It would have to be sent to Compensation Service for consideration of extra scheduler entitlement.

[@michaelvaughn2287]

@@jevet-lady4308 thank you for your response I do aprestiat your time .

[@adamarispe]

Does VA 40% lumbar and 40% secondary sciatica nerve damage equals to one rating?

[@alicewilliamson1760]

I receive 60 percentage now I not able to work can I also receive also unemployment as an additional income alone with my income I am receiving

[@benthornley7480]

How long does the VA have to make a decision

[@ebp1234]

22 years

[@roxieowings2858]

I receive tdyu ...and have for years....how do I go about seeing about getting my numbers changed ..I am 60 percent on paper and then they say I'm 100%on my va comp...can my numbers be changed

[@ekaterinalanas7149]

I currently work taking care of my sick mother at home and get paid through the CDPAP program. Would this be considered a "sheltered environment type" of work? As I am working directly from home with and for my mom caring for her cooking, cleaning, bathing her etc. please advise. would this fit into category of sheltered work??

[@sondrafritz6168]

Hi, If I file for TDIU and is granted it for the date that I filed, can I then retained a lawyer to fight for my full entitlement when I was initially rated?

[@geneseminoleranger7773]

So if a Veteran has been awarded SSDisability in 2015 and the disability for SSI was in fact states related to military service that can be the effective date?

[@williamredd3850]

Age is important with reemployment after cancer treatment thru va

[@williamredd3850]

Does age have any consideration with tdiu

[@georgebergler8434]

I had a job I lost my job due to congestive heart failure can’t I get compensated I lost my CDL can’t drive anymore

[@williamredd3850]

Received prostrate benefits at 100 percent currently reduced to 40. VA rep never offered tdiu to be filed can I still file because I can't do my job anymore piror truck driver Dr.statement quality of life and occupation will not alone me to drive

[@Veteran0987]

What circumstances would you need for TDIU 8940 to be effective years ago?

[@robertlogan1070]

I have a service connected disability of 70%. To file for TDIU I would need to open a new claim for an increase to this 70% claim and also fill out the VA Form 21-8940 and then add the 21-8940 to the new claim? Is this the correct procedure?

[@georgebergler8434]

I don’t have a rating but I lost my job because of congestive heart failure can’t I get compensated I was a truck driver

[@airborne8580]

I can't hold a job no longer than 3 months before I have to quit because of the B's in the workplace, supervisors that need to be demoted etcetera

[@RobertChilson]

Thank you for a detailed analysis of TDIU and Retroactive Pay, I learned something, I had no idea that you HAVE to file an 8940 so I apologize for the comment I left on the Layi Oduyingbo video and have removed it, I was very upset that Layi Oduyingbo didn't address the fact that the VA tries to make your effective date the day you filed the 8940... not the date you filed your claim. This new video is much more educational and informative. Einstein said "if you can't explain it simply...you don't know it well enough" I see you guys know TDIU well enough.

[@carlosverges5074]

I have 90% combined compensation, do I have to be reexamined? Furthermore, I am 61 years old.

[@carlosverges5074]

For TDIU

[@renanrejas]

I need to apply for tdiu

[@tinahoward5931]

I was stationed at ft Mac in the early 90’s. I have systemic lupus, late stage breast cancer, high BP & I’m a diabetic! PLEASE HELP. I was turned down for VA benefits twice!

[@TheDonna1959]

@Tina Howard I was stationed at Ft. McClellan, Alabama in 1977 for my WAC Basic Training. I also have breast cancer & had a bilateral mastectomy (surgical removal of both breasts). I applied for VA compensation related to this issue & I was denied as well!

[@jimlester8878]

What about social security

[@markhudsonsr.2282]

I noticed that every time. The Veterans are trying to get what they deserve. There is always a problem, and they make it very difficult to understand. I am still having a problem getting a VSO to help me with my paperwork. The calls have been made, voicemails are still in. And I noticed that some of my Veterans friends have Cancer. And they don’t talk about that, and they can’t work. Because, of the suffering they they go through. TDIU should be given, without a problem. For Veterans that have Cancer.

[@rolandagonzales6189]

Gd a.m.my husband is a ww11 veteran 94 yrs.when he died last jan.26 2021.he was 9 years 13 mos. 100% disablt of bilateral sensoreneural hearing loss and 10%tinnitus.he died of high risk pnuemonia confined at the veterans hospital quezon city phils..my claim for surviving spouse was denied because the cause of death is not service connected.what else can l prove that l may be qualified.tnks

[@CCK_Law]

Hello Ms. Gonzales. We are sorry to hear about the passing of your husband. If you would like to learn about other benefits you may qualify for, please read this blog: cck-law.com/blog/va-benefits-for-spouses-of-disabled-veterans/. If you would like a free consultation with our office to determine whether we can assist, please reach out at 800-544-9144. Thank you

[@CraigStine90]

Awesome video! I recently received an 80% combined rating and am using the back pay I received to trade stocks in the stock market, primarily because my disabilities make it difficult to obtain a regular job. Would this be treated the same as being self-employed and thus I would argue I chose to become self-employed because my disabilities prevent me from obtaining a job in the regular job market as an employee?

[@salaamakbar3630]

GRUNT101 BE VERY CAREFUL!!!!! I JUST GOT A LETTER SAYING THE VA WON'T SEND ME QUESTIONNAIRE FORM BUT NOW IT'S A BUNCH OF NEW RULES & IF THEY FIND OUT ABOUT MONEY YOUR MAKING & NOT LETTING THEM KNOW THEY CAN CUT U OFF BUT THIS IS USUALLY FOUND BY SOCIAL SECURITY MATCH& THIS CAN BE CONSIDERED WORKING

[@curtisblackwell3054]

I am 40back20ankle20ankle 30pesplanus 30depression va.says I can work denied iu.

[@annzilch2222]

It mentions how for the last five years, how you should be entitled to TDIU for the years of only working marginally. Is there any way I can be entitled to TDIU since the effective date of May 31st 2011 since that is when I was given the 50 percent rating. I was unemployable many years before that.

[@frankinsco7578]

Dose it help if I have ssdi

[@Iamlegend708]

Sir I was totalling 70% combined rating with 30% flat feet, 30% depression, 10% lumbar spine, 10% left knee and 10% right knee when I filed for tdiu in January..today I checked my ebenefits online and saw that my combined rating is increased to 80%...70% for depression, 10% flat feet, 10% left knee, 10% right knee, 20% lumber spine, the decision letter is in the mail tho..so my question is do you think my tdiu is granted and is it possible to verify that online. Thank you

[@leocachuela6236]

O

[@leocachuela6236]

L

[@anthonygrant2902]

I was given to many meds. and had internal bleeding had to be rush to the hospital where I stayed for 3 days could I have applied TDIU at that time?

[@paulmoore415]

Hard is it to get TDIU when u have a 70% rating for psych

[@frankripley5188]

Amazing to me is that the VA is legally required to assist the veteran in filing their claim. Yet the veteran has to go to court to get a hearing? Sounds like to me that the person doing the rating should be fired for not helping the veteran. For whatever reason, the rater failed to do his/her job. What a racket too that a veteran has to hire a lawyer when the VA failed to help the veteran . I'm not hostile over this, I'm pissed. The VA is definitely not our friend.

[@annzilch2222]

I applied for an increased rating earlier this year. The results came back. I was still given the 50 percent rating. When my individual unemployability award is granted, will I be compensated back to 200w, when that was the last year I was capable of full time work, or back to the original filing date of 2011?

[@Frank-nx1ie]

A few years before I was approved for SSDI I had appealed my VA 50% and was rejected with a warning. claiming that I f I pursued further, The VA could not only turn me down again, but also reduce the rating I have. I filed for TDIU anyway. Do I have to be concerned?

[@robertwhite1181]

Really? When was that? Sounds "adversarial" to me...

[@Frank-nx1ie]

I'm thinking that they were making me aware that sometimes the review process reveals improvement and that it could be expected to decrease in rating. Nothing personal I'm certain.

[@CCK_Law]

Hello @Frank Borowski, we have an article about rating reductions and when VA can and can't reduce a veteran's rating. Take a look if you are interested! cck-law.com/news/rating-reductions/

[@snowblind187]

I’m currently a combined 90%, I’ve had the same job for 12 years but my back(which I’m rated for) is preventing me to do my job and Im working with my doctor to let me go out on fmla. How long must I be off work before I can apply for tdiu?

[@CCK_Law]

@snowblind187, thanks for watching. Please note you can file a claim for TDIU at any point after your service-connected conditions prevent you from securing or following substantially gainful employment. For more information, please visit: cck-law.com/news/tdiu-claims/

[@luzvimindaroman7271]

is the age of the vet can be a factor to apply for tdiu?

[@kenndeaux317]

What about total and permanent status for TDIU..??? When does that apply ?

[@CCK_Law]

@kenndeaux317, for more information about permanent and total status for TDIU, please visit our blog: cck-law.com/news/tdiu-permanent/

[@lyled-wn4pw]

😢Can you get TDIU if you get ss

[@CCK_Law]

Hello! Yes, you can qualify for and receive SSDI and Individual Unemployability at the same time. And, unlike some other federal benefits, there is no “double-dipping” offset. That is, you can collect the full amount of both SSDI and Individual Unemployability at the same time. Check out our blog about TDIU and Social Security Benefits

[@stephenclay7717]

Higher level review/duty to assist error

[@sugarbear1225]

Does tdiu get you all of the other benefits besides pay that a 100% get you?

[@CCK_Law]

Hello Royland. TDIU does entitle veterans to certain additional benefits, much like those 100% schedular veterans get

[@sugarbear1225]

@@CCK_Law I have been searching the internet and I can't find out what those other benefits are.

[@waynemorris2342]

Benefits for spouse

[@rickeytorresaponte7439]

how can i get your firm to represent me for increase my 70%

[@aloysiusjames6981]

How can I get my claim rating up for Crohn's, they rate me at 70% for PTSD an 10% for tinnitus but 0%for my back knee Crohn's an risk how can I get the full tdiu rating

[@CCK_Law]

Aloysius James, thank you for reaching out. Unfortunately, we are not able to give legal advice but the first step in getting TDIU is to file a VA Form 21-8940. If you would like a free case evaluation to see if our office is able to assist, give us a call at 844-567-1185.

[@aloysiusjames6981]

Chisholm Chisholm & Kilpatrick LTD I have applied for TDIU or IU an the VA know the time line when I applied for a FDC an TDIU but they denied me an told me to apply for a N.O.D. an then apply for another claim for TDIU

[@bryanvernazza1973]

I have an 80% unemployment rating and I get paid at 100% even though I am at 80% in the computer about the VA is I have neuropathy I broke my neck my seasick my C6 C7 spinal column had to get fused back the other I cannot use my right arm and the neuropathy goes down my whole right side and it makes it hell to stand or sit and I just couldn’t work and I’m only 45 the problem is why don’t I have 100% if I’m getting paid 100% you know what I mean if you could help me out appreciate it my name is Bryan 101st airborne for Campbell Kentucky

[@bryanvernazza1973]

Can you guys help me I am fully unemployable to the VA I do not get SSDI they’ve denied me for it I am appealing that I want to know how I can get from 80% and still be getting paid 100% how is that at 80% you can’t go on the bases indoor shopping and stuff and have a lot more benefits that’s why I want 100% if I’m getting paid at 100% I should get 100% correct

[@tboy221]

interrogative. i am 100% for schizoaffective disorder depressive type. and a 40% for multiple sclerosis at military discharge i believe was a misdiagnosis. and 3 10%ers 1 being tinnitus and the other 2 are just bogus. anyways the real illness is the schizo one. and the tinnitus. i have a huge problem with paranoia, and intrusive thoughts. those are my main symptoms. but there are others that come and go from time to time. i really want to work but i dont know if i can handle it. i havent worked since i left the marines in may 2012. i have always been the silent type/shy and introverted. but when i get to know people like a fellow employee i start thinking they are plotting against me. many times i am in convo groups with people and hear them talk about how they feel (discouraged) with another person and that fuels my intrusive thoughts into thinking everyone hates me and is plotting against me. i stay away from everyone and large groups because of my paranoia. im not saying im getting better or worse but if i work in a toxic environment for my illness i would probably cut my arm and end up in the psych hospital for weeks to months. im not making any of this up. there are medical records at the va and i have a va psychiatrist + counselors. what do you think? i know that i have to wait for reevaluations for t&p and im really not worried. personally i want someone to tell me i dont have to take psych meds anymore and/or see a psychiatrist anymore.

[@annzilch2222]

I am a four year veteran. I am trying to get TDIU benefits to go back to 2002 when I first became unemployable due to my service connected disability. Is there any way I can get backpay for the years I was marginally employed?

[@CCK_Law]

@AnnZilch, generally VA will only grant back pay dating back to the effective date. VA grants effective dates based on the date it received the Veteran’s claim.

[@annzilch2222]

My original effective date for service connection is from 2011. If my rating all of a sudden goes from 50 percent all the way to 100 percent, will I be compensated for the difference?

[@annzilch2222]

I did some research on the web. It said that when a TDIU award is granted, the effective date would be the date the veteran became unemployable as a result of service connected disabilities. There was a case done by an attorney from another law firm. There was evidence that the veteran was found to be unemployable from August 2005, even though the TDIU application was filed in May of 2009. They granted him an earlier effective date of August 2005.

[@annzilch2222]

It said in the video that he or she should be entitled to TDIU for those particular years, years of marginal employment?

[@clifforddavis9781]

Ss just gave me a total disabity can I get a tdiu for va

[@ph4ntomsoldier]

wtf for? You're just going to be wasting the VA time and prolonging another veteran getting TDIU,. You already receive all the benefits allotted to you and should be grateful you got to 100% the hard way.

[@Jacquelyndorindachic]

I JUST SUBMITTED A 8940 WITH MY TDIU Claim

[@mrcrawford8932]

Any luck?

[@randysmith111]

I have a rating of 30% for ptsd, 60% for chronic fatigue and 40% for fibromyalgia. Could i get TDIU?

[@christiankelly8127]

Yes!

[@louisfaust5957]

Great information session.

[@carlosverges5074]

I have three 50%, one 40% and three 10% .

[@tonydacosta6410]

How long does TDIU last????

[@CCK_Law]

@Tony Da Costa, TDIU benefits will continue as long as you remain unable to work as the result of your service-connected conditions. There are certain situations in which VA can propose to reduce benefits; however, it must follow specific rules when doing so. Learn more here: cck-law.com/news/rating-reductions/

[@raybdavisjr]

Great information. Thank you.

[@diverdoc2023]

I already have 100%, but should I Still seek TDIU?

[@georgeward4672]

for what god damn you got 100% leave that shit a lone

[@NICDADE305]

If your disability keep you from working full time yes you should apply.

[@LawDogg01]

@@georgeward4672 his 100 could get lowered at anytime. So the TDIU would lock it in. Now if you have 100 P and T then there is no reason to go after TDIU.

[@ph4ntomsoldier]

No you should apply for T&P.... wow... just... wow.

[@samuelcochran7877]

My Name Sam Cochran, I have PTSD. An I have just. Finished my sleep apnea test was told by the VA l was severe , I have been suffering for along time I have tried working .part. Time .an it just got me down so bad I finally ,had to give up working at all the bad part for me is it affected me to the point I could not hold up all I wanted to do is sleep it effected my over all health I have been going to the VA in Atlanta for many years I have talk to a lot of people at the VA but even talking ma seem to help but over all ,I'm still suffering from all this .my health my Daly life has turned to well it's not so good now re accruing dreams thoughts of things that I why am I still . well, I have finally had to give up trying to work at all . it is an has been a struggle the Los of family a lot has mounted up over the years . since I was was in. Viet nam but that is really where my life started .

[@nathanfidelis4827]

Send a text message to number below to get help. ④︎⑦︎⑤︎ 295 ①︎⑤︎⑨︎⑧︎

[@ramonborreromccormick6165]

Fantastic information, thanks!

[@carlosverges5074]

I means two 50%

[@edbard3766]

Thank you so much for this briefing.

[@CCK_Law]

We're glad you found this information helpful!

[@robertmarbley3845]

Why is tinnitus rated so low

[@ph4ntomsoldier]

I'm at 90%, I can't even begin to imagine how long a law firm would drag out my IU claim to get the backpay they want. I would probably be buried in the ground before that was approved.

[@leafeq2963]

Can you represent me

[@forexfrank4484]

cant hardly hear you people lol

[@brendasouza4357]

You need to talk louder .

[@clintcollins81]

Your audio is horrible.

[@todddavis9437]

I can say this about the law firm I had DAV represent me and a lawyer from this practice her name was Jorden I think she's not there anymore anyway she helped me win a appeal they represent DAV so they must be a good practice so I'm just saying that they do help and know thier shit. At least she. Jordan did anyways vet organisations will represent you for free and if you need more they can get you this help. Free no charge what so ever but with out you have to pay them if you win so thinl about it DAV American liegon VFW all will help you free if charge and more

[@bryanvernazza1973]

I was wondering I’m at 80% disability when I should be at 100 I have an unemployment I cannot work for the rest of my life but I get paid at 100% but I’m missing out on the hundred percent different disability would I be getting opposed to 80% can you help me with that

[@RodneyCollins-sn9pw]

B 😊n