Here is a very general explanation of what TDIU is. I teach TDIU in much more detail in my eBook - "VA TDIU: A Primer on Individual Unemployability."
Typically, to get TDIU, the Veteran need to show only a couple elements.
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 the benefit 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.
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
1) The IU claim is submitted on VA Form 21-8940;
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, be aware that you may be eligible for a much earlier effective date based on the information in the Training Letter published above.
Chris Attig, an Accredited Veterans Benefits attorney and Founder of the Attig Law Firm, PLLC is responsible for the content of the site. The principal office of Attig Law Firm, PLLC, is located in Dallas, Texas. Chris Attig is NOT Certified by the Texas Board of Legal Specialization. - Please view our website disclaimer.
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