VA Unemployability: Evidence for Your TDIU Claim

[@CCK_Law]

We hope you learned something about TDIU evidence! Thanks for tuning in. What kinds of evidence will you be submitting with your TDIU claim?

[@SylentONE]

Chisholm Chisholm & Kilpatrick LTD I was rated 90% schedular prior to leaving active duty. I applied for an increase in benefits not TDIU and was told although my conditions were totally disabling, I wouldn't be approved for 100% schedular because I was working. This is strange because my doctor at the VA suggested that re-entering the workplace would improve my health. In addition. I also learned that the military diagnosed me with a more serious disease than all of the ones that I was rated for but never informed me of the diagnosis. neither did the VA. Please encourage all of our vets to request their medical records because neither the military nor the VA will tell you everything.

[@Magic7Dragon]

Chisholm Chisholm & Kilpatrick LTD Can you please make a video about what the VA would require for TDIU based on migraines? Basically, what jobs do they think a person who suffers with an average of 15 migraines/mo can do?... I meet the requirements to apply for TDIU... Do you have experience with migraine TDIU cases?

[@harryleavitt6059]

I gave up and took early retirement because of issues already established as service connected, that became more severe, causing issues that became a issue of life safety for myself and fellows workers

[@syvallia24]

Worsening back pain, several unsuccessful chiropractor visits, and a civilian doctor's recommendation 🤞🏾

[@justinthompson6641]

@@Magic7Dragon This video @ 23:35.

[@felicitaarchilla1867]

Thank you very much for this particular information on how to complete and submit for TDIU (VA Form 21-8940/Application for Unemployability)🤔

[@teaminvictus2375]

Absolutely wonderful group of ladies. Thank you very much for such a clear and articulated information brief. Submitting my TDIU this month and if anything goes awry... I will be hiring y'all to assist! Again, thank you very much and have a wonderful day!!

[@jaybales3160]

Thank you very much for the excellent presentation. I knew nothing about this subject. I now know where to start and how to gain additional information to help other veterans.

[@youlandajefferson-benjamin1174]

I dont know why this was recommended for me to watch. I'm glad I did. I've been afraid to file for IU.

[@Hoffmanpack]

I said f it! Another late 20s wamen hiring manager sent me a rejection email for a second job at the same place then she posted the job again , nothing sinks more than getting denied and they still have the opening. Worthless.

[@debracampbell2569]

Very knowledgeable conference. Wish I would have chosen your firm to help with my initial VA claim. Smart women 👍🏼

[@redspot4645]

TDUI Eligibility A veteran is entitled to be paid at the 100% disability rating if he can establish that his service-connected disability[ies] preclude him from maintaining gainful employment. In VA law, such claims frequently go by the abbreviation “TDIU,” referring to a Total Disability rating based upon Individual Unemployability. It is a common misunderstanding that a veteran can only qualify for a TDIU rating if he meets or exceeds a certain percentage disability requirement: namely, a single service-connected disability rating of 60%, or a combined service-connected disability rating of 70%. The VA is mostly responsible for this misunderstanding. The truth is that a veteran can qualify for a TDIU rating any time one or more of his service-connected disability[ies] prevents him from obtaining employment, regardless of the percentage of the disability rating.

[@huntercynthia1]

VA Higher Level Review on the RAMP program recently sent me a letter saying they discovered an error in their duty to assist in gathering evidence. VA used my SSA socio-economic report in prior decisions, but not the SSA law judge report which approved me for SSDI for PTSD only. Its' been a longggg 13 years since I applied for VA benefits.

[@notaleg9249]

Cynthia Hunter hi. I have an almost exact case as yours. 13yrs of hell. For ptsd, bi polar. I have a good lawyer in Florida, but after all these yrs of fighting, I'm freaked out with my RAMP decision comin in march. Freaked is an understatement too. I got ssdi in 07. If u wanna chat, my email is: [e-mail]. pat

[@Jacquelyndorindachic]

They are lazy as Hell. You will get RETRO PAY

[@johnpanek6102]

I was discharged from the Navy in 1970 administratively but was supposed to have been medically. Through the (BDD) they were supposed to send my claims in for the physical and psychological debilities I had that caused my discharge. I checked with the VA a few weeks later and found out from them, according to them, that they, purportedly, never received the (BDD) files from the Navy so I went to the local VA and filed claims, requesting they obtain the (BDD) FILES FROM THE NAVY. Without obtaining my service or medical records or doing any kind of a testing the VA purportedly denied my claim. When I didn't hear anything from them for a year I decided I'd better contact them and see what was up! I was then informed that they denied my claim months before and that it was too late to file an appeal I told them that I never received anything from them and please send me a copy. Never receiving it I requested it again and still never received it! I was finally able to join a VA combat post-traumatic stress group and found a psychologist who was familiar with the kind of thing I was going through and rated me at 100% service connected however the VA ignored this giving me non-service connection for my post-traumatic stress along with unemployability, circa 2006. At this point I again filed a claim for my post-traumatic stress service connection which was denied. I kept appealing it in various forms and finally got an attorney that would represent me however they ignored me and listened to the VA and got nowhere I got them to demand the records that I had been trying to get for almost 50 years concerning my post-traumatic stress but the VA sent it for my physical injury claim, thoroughly confusing my attorney who filed a CUE with no facts. When this was denied by the VA they decided to drop me as a client! I was then forced to fend for myself since there wasn't time to get an attorney and file anything timely. I picked up where they left off and sent the VA the information I had sent the attorney that they didn't use. Even though the VA. Never sent me the medical files in the service files that were requested and sent to the attorney for the wrong case I recalled what had to be in them and use that to file my own CUE where upon I was service connected for my post-traumatic stress now but from this point instead of the previous filings, and at only 50% , and they didn't transfer the unemployability for the same thing to my service connection! Does anybody out there have any good solid procedures for correcting these iniquities? If so please contact me at [e-mail]. Thanks. Sincerely, JP.

[@Pj192130]

I have been Prescribed Pradaxa anticoagulant due to a service connected right knee lower extremity injuries. I have right knee edema, osteoarthritis, varicose veins, DVT 2/2017 prescribed Xeralto treatment 3 months and right upper extremity lung saddle PE surgery 10/20/2018. Severe sleep apnea and hypertension. Costochondritis chest area in military record.

[@danielledavis9876]

I would never try for TDIU, too much crap to go through. It is best to just try to get 100 P & T. They ask your last employer all kind of stuff, if you're not dead, they gonna say you can work a job. VA tried to put the TDUI on my remanded...I requested to them I did not want it. I have enough claims waiting to get 100%

[@melaniesnobl1725]

Thanks again for your informative videos. I'm learning so much that I know will help me.😊👍

[@joyjardine5269]

Learned more today than I ever have. thank you

[@CCK_Law]

Thank you for connecting with us!

[@GM-bk7gs]

Michelle De Tori; Form 21-8940 Would you explain where, in the previous mentioned form-8940, one enters the words, "we are asking for an increase in the last award of 70% and for considerations for the TDIU".

[@Jacquelyndorindachic]

I just Applied and I also submitted the 8940

[@oldArmyVet]

How did your claim go?

[@TriggerTravels]

An extra schedular rating for TDIU is rare and nearly impossible to get.

[@Alan-cw8vy]

Not True

[@Alan-cw8vy]

I was denied TDIU. CCK hired a Vocational Expert for me. Waiting for decision. Hire CCK for your appeals. They work very hard for your appeal. Highly Recommend CCK

[@irwinsailas5610]

Any update yet?

[@robertlogan1070]

I have a sc disability @ 70%, another sc disability @ 50% and then the third sc disability @ 30% and a few sc disabilities at 10%. Would you recommend to just use the sc disability @70% for tdiu?

[@josephinejacobs2159]

How many years do they go back? If you served in the military over 10 years and it was the last job you had and have not worked 13years+ since- then what?

[@kimberlyblunt]

I'm looking forward to you guys winning my case....its been a long 3 years.

[@luciusbarbus]

Kimberly Blunt whats the progress on your case?

[@Alan-cw8vy]

It takes time. 5 years is not out of norm. VA denials take time to appeal to next level.

[@Drawl1944]

I am 77 at 80% What chance to I have getting unemployability?

[@robertlee810]

Thanks for video. Currently I am 60% rating from VA. How and where to file TDIU?

[@Alan-cw8vy]

Hire CCK

[@Pj192130]

You said non service connected disabilities are not considered by the VA. I have a service connected right knee. I have osteoarthritis, edema, popliteal cyst and torn meniscus. Non right knee diseases. DVT, PE WITH MEDICATIONS PRADAXA.

[@debracampbell2569]

Relook at this video. To see the process to file for TDIU.

[@allanmorga3407]

After tdiu award, is it presumptive to assume that the rest of service connection claims will follow.

[@EdDisabledVet]

These VA SOBs have continued to deny my TDIU and I've been on SSDI since 2011 for service connected disabilities. All my SSDI issues considered are now service connected. TBI was the only one not service connected at the time, but was granted on appeal by the VA 3 yyear's ars ago. I am 90% VA Comp with PTSD/Depression at 50% so I reach the 70/40 rule, but the VA denied me TDIU last year again. All my SSDI issues are service connected. But they deny me. So now I've appealed to the Board. I don't know anything else to do.

[@blakewalls7495]

Filing the 21-4140: I'm concerned about filing the (self incrimination form) 4140 employment verification. Could I lose any portion of my TDIU benefits for any earnings under the poverty threshold? I've been TDIU over 20 years and understand I can still lose it if I claim employment over $12G's a year. True of False? None of the fiscal questions asked on the 4140 can be verified by what is reported to the IRS, so what information, minus earning less than $12G's & less than 40 wkly hrs, would flag your 4140 for an audit and a subsequent proposal letter? I just started with Uber and discovered I could make $12G's in 6 months and then stop. How would the VA interrupt this employment? How does the VA handle the deductions portion when a TDIU Vet is filing income taxes? I obviously pay for gas and need to deduct it from my gross earnings. If my gross ends up being $15G's and my gas deductions are $3G's, then am I not under the poverty level? Thanks for taking the time to read my concerns, I would appreciate any information about filing income taxes and the 21-4140. Brock Walls Final question:

[@Zamigirl]

IF you have been fired because of PTSD, medication or Fibromyalgia and have a VA letter showing this can you claim TDUI?

[@mr.cleanone3900]

What if I owned a franchise for 15 years but due to mental issues my shrink to me the was the cause off my issues and I needed to sell it. Took their advice and sold it yet my problems are still here.

[@allanmorga3407]

Please address these issues on your next podcast. Ty.

[@paulgregg9298]

I am 67 and wonder if age is a factor for getting TDIU? I have two VA disabilities rated at 40% each, one at 30% and another at 20% for a total VA Disability Rating of 80%. I have been an unemployed public school teacher since January 2016 due to my disabilities as I could no longer handle the physical aspects of the job. What advice can you give me?

[@CCK_Law]

@Paul gregg Age may not be considered as a factor in evaluating service-connected disability; and unemployability, in service-connected claims, associated with advancing age or intercurrent disability, may not be used as a basis for a total disability rating. cck-law.com/veterans-law/does-va-consider-age-as-a-factor-for-tdiu/

[@Zamigirl]

What if you were a Federal employee and have the letter firing you is this better than a 21-4192.

[@tracycoultas7548]

good evening: do you think i would qualify for tdiu since i am qualified for a disability retirement for not being physically able to perform the essential functions of my position? it is completed service connected but i am only at 30%.

[@jimbranch6115]

I am a Vietnam vet that has a 50 percent rate for ptsd. I've applied three times for agent orange but they keep turning me down. I have COPD and live at the end of a hose. I can't work or even drive now and I'm going blind is there any way I could qualify for this? Is there someone that could help me.

[@donnacoffin4068]

Agent Orange is not a condition you can apply for; however, the COPD is. You to prove it is connected to an event or injury that occurred in service.

[@johnshelton8853]

What about disability as a result of a VA surgical procedure? Is this a malpractice issue or does it fall under TDIU?

[@CCK_Law]

If a veteran suffers an injury or illness as a result of VA medical care, they may be able to obtain service connection for their condition. For more information, please check out our blog by clicking the link provided: cck-law.com/news/1151-claims-what-they-are-and-how-to-file/

[@rodgersteinem1924]

Is it better to have your office to file a claim than me?

[@tanyapoole1139]

I used Voc Rehab over 10 years ago and I was rated 30% for my condition at the time. Due to the same condition, it has gotten worse and I am now rated at 70% and I have problems with staying employed over the past several years. I applied for unemployability and submitted my voc rehab records as evidence. Will this help me in my case for unemployability?

[@CCK_Law]

@Tanya Poole, generally speaking, to help prove entitlement to individual unemployability benefits, veterans can submit evidence such as Social Security determinations, medical records, lay evidence, medical opinions, vocational assessments, and more.

[@godwith345]

Tdiu Veterans family died leaving after this problem situation, Claim helped. 🙏

[@SoberAF1]

Very helpful video

[@lkjcas355]

Question, what if in addition to losing employment due to service connected disabilities, other employers won’t wanna hire one due to not wanting or being able to accommodate those disabilities?

[@CCK_Law]

Hello, it sounds as though you are referring to a protected work environment. If you would only be able to work in a protected work environment due to SC disabilities, you may qualify for TDIU cck-law.com/blog/protected-work-environment-for-tdiu-what-does-it-actually-mean/

[@lkjcas355]

Thank you very much for your answer. I was medically separated after close to 10 years of active duty service, deployed twice. I received a total combined rating of 90% permanent rating. Is it posible that I may consult your firm? My apologies in advance if I am overstepping. Again, thank you so much for your awesome work!!!

[@coreyhuckins4381]

When you apply for TDIU, does the VA schedule you for a C&P exam? or is it just a records review?

[@CCK_Law]

Hello! When you apply for TDIU, the VA may schedule you for a C&P exam to assess the impact of your service-connected disabilities on your ability to work, but sometimes they decide based on a records review alone. To strengthen your claim, it's essential to provide comprehensive medical evidence. If you need assistance with your VA claim appeal, give us a call at [phone] for a free case evaluation! Have a great day.

[@coreyhuckins4381]

@@CCK_Law Thank you so much, and thank you for all the great information you provide to veterans. I will definitely reach out to you when

[@renepatino1647]

I have a question, I’m currently at 90% with TDIU. My current service connected disabilities have gotten worst since I first got them via the claim process. Can the VA take adverse action if I apply for additional disability (s),secondary and/or increase rating if they determine that my disabilities have improved?

[@amorrow1983]

Another informative video!

[@CCK_Law]

Glad you found it helpful!

[@carlosgiovannetti4483]

The información is good but You must talk slower .....

[@charleswilliams1026]

Does wounded warrior leave qualify as protected work environment for the post office?

[@CCK_Law]

@CharlesWilliams, Thanks for the question. Our blog may be able to help give you the answer you are looking for. cck-law.com/blog/protected-work-environment-for-tdiu-what-does-it-actually-mean/

[@jsin22366322]

Ha! Didn’t stop them from firing me after using it. I even got the green light from the shared service department (and got a confirmation from one of their supervisors) and I still got fired for using it for a service connected illness. They way that I was told, and this is then watered down version of it, the only way you can use wounded warriors leave in the post office is that you have to have to be already be working in the post office, be in the reserves or national guard, get deployed, get injured, get rated for injuries, then use the leave. It leaves out veterans who weren’t tenured in the military and aren’t in the post office before hand which is bullshit. I had to open up a congressional inquiry to investigate and it went straight to the main post office in DC. And to say the least, the district office was not happy with the way the plant I was working at had fired me when they caught wind that DC had found out.

[@bobmorgangroup]

I've watched several of your videos and they have been very informative but I wanted to see if you could possibly answer some more detailed questions for me regarding my personal situation. Are you able to assist people with that?

[@justinpierce4029]

I use the FMLA for intermittent PTSD complications to take time off of work. Without it, I'd certainly be fired for excessive absenteeism. Does this mean my job can be considered a "Protected Work Environment"?

[@CCK_Law]

@Justin Pierce, we believe it means the veteran is at least receiving unreasonable accommodations. In other words, the employer is making changes to the essential functions of the veteran’s job, but still paying him or her at the same amount as other employees. For example, employers might not demand the same levels of productivity and reliability from the veteran, or allow more time off than typically permitted. Whether a work environment is considered “protected” is established on a facts-found basis, meaning VA will make a judgment on the facts in each individual case. To read more, check out our blog: cck-law.com/news/how-to-win-your-TDIU-claim

[@justinpierce4029]

​@@CCK_Law Thank you for the guidance and videos. CC&K has been very helpful with fleshing out my claims so far. Ill be back to talk more if I need legal representation :)

[@CCK_Law]

@@justinpierce4029, thank you for your kind words. We are so glad you find our videos helpful!

[@hamiltonbeaniecat2826]

do u need to write uber as a job in box #18 if u only drove for a month then quit?

[@globaltrekkerexplorer]

I did use Uber as a job. They report taxes. And it shows that you tried working.

[@markandrews5813]

I have a question can I receive Social Security retirement tdiu at the same time or is it double dipping. Reason why I am answer this question I will be 62 next year the best to wait till 62 or 67 apply for Social Security retirement. Thank you

[@michaelupton9297]

I. Exceeded the poverty. Threshold, Now. The. V A. Wants. To. Decrease. My. Disability ? Any. Input. On. This. Subject?

[@DavidLewis-hw6cv]

this was a great video

[@davidposey7145]

You devoted a hour to the requirements for getting TDIU, But Never addressed the most important aspect of all!, Such as the importance of a good DBQ from a Psychologist or Doctor that the V.A. required at a C&P Examination?

[@arturoarvizugomez2036]

Ok agare

[@scrapyardprospecting3855]

What can I do if the part that keeps me from working hasn’t been a va disability I’m at 80% but had a major stomach surgery can I get both va and disability or do I suck it up and deal with 80% Had um diagnosed pancreatic biliary bypass that’s kind of put the brakes on my job of any sort really

[@SoberAF1]

Does employment with the VA count as a protected work environment?

[@CCK_Law]

@Burnell Wright, for more information on what constitutes a protected work environment, please visit our blog: cck-law.com/news/protected-work-environment/

[@nocturneowl2660]

Is there advantage/difference being 90% IU vs 100%

[@CCK_Law]

@Dolly Southerland. The biggest difference between TDIU and a 100 percent rating is the impact TDIU has on a veteran’s future employment status. There are no restrictions on a veteran’s ability to work with a 100 percent schedular rating. However, because TDIU is predicated on unemployability, VA can and will revoke it if you become employable again.cck-law.com/veterans-law/what-is-the-difference-between-tdiu-and-a-100-percent-schedular-rating/

[@floydwright9253]

Do you represent clients who want to file for VA disability benefits

[@CCK_Law]

Thanks for reaching out and great question. Our firm generally represents Veterans at the appeals stage of a claim, meaning after an unfavorable decision has been received. Please keep us in mind should you receive a decision you are dissatisfied with! In the meantime, if you have any questions, you can contact a VSO such as the DAV who provide free claims help.

[@debracampbell2569]

I need a vocational expert.

[@fbjailburdjr2144]

I got 50% mental health , 10% tennitus 10% hearing loss . Got approved SSDI may 2017 from my mental health issues . filed for TDIU a few months ago . I drove a truck for years . cannot get my former employer of 14 years to fill out send in form they got from V.A. What can I do about that ? and what are my chances . wait on my C& p exam I guess . Thanks

[@fbjailburdjr2144]

I got 10% more now for acid reflux. but they still say I only get 60% . strange va math .

[@dictionary9150]

@@fbjailburdjr2144update on the tdiu?

[@oldArmyVet]

Would it help to get a vocational experts opinion?

[@CCK_Law]

Hello! Getting a vocational expert's opinion for your VA benefits could be really helpful. They specialize in evaluating your abilities and job prospects, which can strengthen your eligibility for benefits such as TDIU. If you need assistance with your VA claim appeal, give us a call for a free case evaluation at [phone]. Have a great day!

[@krhrdy64]

When opening a TDIU Claim, can I send VA Form 4140 to my former employers to speed things up?

[@joeycarr1398]

@AUDITING FLORIDA I'm on year 8.

[@mr.cleanone3900]

What if your ssdi is over the poverty threshold?

[@mr.cleanone3900]

Dave B been on ssdi for six years. Still can’t get tdiu from V.A

[@fbjailburdjr2144]

If you was over 55 you stand much better chance on SSDI . I am 60 now . had stop working at 57 , got mine approved in one year . I get 60% service connected .... 10% hearing , 10 tinnitus , 10% acid reflux . 50 % mental health . VA math 80 % = only 60 %

[@allanmorga3407]

Can I still receive disability compensation even I’m on TDIU.😊

[@CCK_Law]

Check out this blog for more information: cck-law.com/benefits/individual-unemployability-tdiu/

[@davidneuser2715]

Does age factor in ?

[@CCK_Law]

The VA is not supposed to consider age when making decisions on TDIU. Hope this blog helps! cck-law.com/veterans-law/does-va-consider-age-as-a-factor-for-tdiu/

[@riccidillard8350]

can sexual harassment/assault be part of PTSD

[@LowVlogDrives]

Yes

[@arturoarvizugomez2036]

Aquioras puedo abla

[@evonneford4686]

Help

[@craigokerlund4421]

Please take my.case I am a Shattered. Vet One if the few from actually combat.bloody Battlein Viet NAM THAT WE STILL ARE FIGHTING BUT IT IS OUR FAILED VET SYSTEM TO DERSERVE NOT DESERT A VET. OUR TO HOUSE VET And not make a vet Suffer Help a vet it is their Job to serve us. That's what they say Bologne

[@CCK_Law]

Mr. Okerlund, Thank you for reaching out to us. We would like to learn more about your situation to determine if we can help you. Please contact our intake specialists at 401-404-5325. There is no charge for this call. Thank you, and we look forward to speaking with you soon.

[@robertwolff873]

@@CCK_Law my name is Robert Wolff I’m in Lutherans wheatridge Colorado I’m disabled 20 persabled my rt. Leg amputated I’ve s strokes 2 attack hearts at I have as may 1 27.000 if you help I went to the Air Force in1983 my job was blueprints ibuilt - l-15s

[@debracampbell2569]

Lay statements…ok

[@debracampbell2569]

Protected work environment - (?) Dignity and Respect 🫡