Va Tdiu Claim Denied

VA Can Deny TDIU Benefits if Veterans are Over Retirement Age.

Va tdiu claim denied. Of course the great irony here is that the VA quite often ignores VA TDIU claims even when a Veteran has filed the form. The VA mistakenly requires veterans to prove 100 percent unemployability from all forms of employment. There are a number of reasons why the VA might deny a claim for TDIU even when the veteran meets all the requirements. 3 Reasons the VA Denies TDIU Claims.

The most common reason that the VA denies IU claims is due to a finding that the veteran is not found to be unable to obtain or maintain substantially gainful occupation. MYTH There are certain things VA cannot take into account when evaluating veterans for individual unemployability one of which is age. Is not precluded from securing or following substantially gainful employment by reason of SC disability. As a refresher TDIU total disability individual unemployability is an additional route to getting a 100 disability rating.

They do not sit on the Board of Veterans Appeals BVA and they are not the person responsible for making a decision on your TDIU claim. Has failed to cooperate with development such as failing to return a completed VA Form 21-8940 when requested. A Veterans Application for Increased Compensation Based on Unemployability VA Form 21-8940 Download VA Form 21-8940 PDF and. Find out how to file a claim for disability compensation.

If you have been denied TDIU its worth re-evaluating several aspects of your claim to see if the denial can be overcome. VA should only be evaluating the effects that the veterans service-connected condition s have on their ability to work. Deny entitlement to TDIU only if the facts demonstrate that the Veteran. You can call our law firm at 1-888-373-9436 to discuss your VA disability claim.

For one thing the VA cannot simply speculate that a disabled veteran is physically capable of performing sedentary work without some medical evidence to justify this conclusion. One example is a denial for TDIU because the veterans disability rating is too low. Is gainfully employed or. Random VA employees may give you incorrect advice on your eligibility.

According to the VA FAST Letter 13-13 issued in June 2013 they will administratively deny a VA TDIU Claim if the Veteran fails to file VA TDIU Form 21-8940. We Can Help with TDIU Back Pay and TDIU Claims If your VA claim was originally denied you may be able to appeal the rating and receive VA disability compensation. Why TDIU claims get denied. The VA Disability lawyers at Hill Ponton are available to help.

VA regulations do not require veterans to be totally unemployable from all forms of employment for TDIU claim approval. The regulations merely require that a veteran be disabled from substantially gainful occupation. We have denied individual unemployability for your posttraumatic stress disorder because the VA mental health examiner determined that you do have residual capacitys for productive employment but might operate best in a work situation that emphasizes his established skills but does not demand contact with the public. Veterans are often denied TDIU claims because the VA believes that the veteran is capable of so-called sedentary work But the VA is often wrong.

You can only be denied by the actual people processing your VA claim. Veterans seeking TDIU benefits are essentially asking for the 100 rate even though their service connected disability ratings do not add up to 100. Although VA provides each veteran with the benefit of the doubt on any question of entitlement obtaining TDIU is one of the most challenging claims to win the first time around. When you file a disability claim youll also need to fill out these additional forms for Individual Unemployability benefits.