In other posts on the Attig Law Firm’s Veterans’ Benefits Blog, I briefly defined a benefit for some veterans called “TDIU” – Total Disability Due to Individual Unemployability.  In another post, I laid out some of the significant differences between schedular TDIU and extra-schedular TDIU.

This post is about what steps to follow in filing a claim for TDIU.

Typically, to get this benefit, you need only the elements described in our earlier post. However, the VA is an Award-Winning producer of “red-tape”, so of course, there is a form they want you to fill out:  VA Form 21-8940.

Now, here’s the the trick that the VA will try to play on you.  Though otherwise eligible for TDIU, they will grant thebenefit only when you file the Form, and then assign the Effective date of the compensation as the date that the VA received VA Form 21-8940..

This is nonsense. A TDIU claim’s effective date should be the date that the claim is received.  The VA has published an Unemployability Training Letter TL07-01E) for its employees handling TDIU claims. It states:

1)  A formal claim for TDIU can be “any written communication indicating that the veteran is unable to work because of his or her service-connected disability(ies).”

2) If the  is not returned by the Veteran within 60 days, a decision can be made on the record without it.  However, if the VA Form 21-8940 is returned after the rating decision is issued, but within one year of the date sent, the claim should be re-rated

However, most interesting is that the training letter provides for three situations where a claim can be made for TDIU, only one of which includes the filing of the VA Form 21-8940:

1) The IU claim is submitted on VA Form 21-8940., or

2) In addition to a formal or informal claim for an increased rating, the veteran alleges that he or she is unemployable or VA receives evidence of unemployability

3) In the course of developing a claim for an increased rating, VA obtains evidence of unemployability and VA grants the veteran a rating that makes the veteran eligible for IU.

However, because the VA is an enormous red-tape dispenser, it is always best to follow the Golden Rule: File now, fight later.

File the VA Form 21-8940 as soon as the VA asks for it.  Then, if the VA tries to establish your TDIU Effective Date as of the date of the filing of that Form, call an  attorney that has experience representing Veterans in their claims for disability compensation and benefits.  It is possible that you may be eligible for a much earlier effective date.

It is very important that we note that each and every Veteran’s claim is different. Just because we were able to secure substantial past-due benefits for one Veteran does not mean or imply that we will be able to do so for you.   In some cases, we may not be able to secure you any financial compensation due to the facts of your particular case.

It is best to consult with a lawyer familiar with VA Disability claims and benefits or a Veterans Service Organization to examine your particular case.  If you would like to discuss your VA claim with a lawyer who handles VA Benefits and Disability Appeals, contact the Attig Law Firm, PLLC, for a free consultation with a VA Benefits attorney.

The Attig Law Firm, PLLC, represents Veterans in Texas, Arkansas, Oklahoma (and all around the nation) in their claims for disability compensation from the Department of Veterans Affairs.