What VA TDIU Form should a Veteran use?

VA TDIU FormOne of the VA Benefits that every Veteran seeks to acheive is Total Disability.  

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."

What steps does a Veteran follow in filing a claim for TDIU?

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.

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

The TDIU training letter lists 3 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;

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.

Learn more about TDIU in my eBook.


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Billy Clark says:

verry good on IU

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