Total Disability Based on Individual Unemployability (TDIU) benefits provide a vital financial lifeline for Veterans who are unable to work due to a service-connected disability. Veterans who receive TDIU are granted benefits at the rate of someone considered 100% disabled, even if they would not meet this threshold under the schedular criteria.
Effective dates are important in claims for VA disability benefits because they determine the amount of back pay you will receive. An earlier TDIU effective date can substantially increase your compensation.
Determining the Effective Date for a TDIU Rating
The effective date of a TDIU rating is the date when the VA received the claim for service connection or the date when the VA believes the Veteran became unemployable as a result of their service-connected disability—whichever is later. However, this is not necessarily the date the Veteran stopped working.
For example, consider the case of a Veteran who has been diagnosed with PTSD. If the Veteran tries to work, but is fired from multiple positions after a short time due to his PTSD, the effective date is not the date when he was last employed. It is the date when his initial service-connected PTSD was established because his PTSD is the basis for why he is unable to successfully hold paid employment. He can’t be penalized for trying and failing to hold paid employment despite this disability.
Why You Need an Experienced Attorney
The process for receiving TDIU is highly individualized. Evidence considered includes factors such as your disability rating, skills, education, work history, past employment accommodations, and frequency of hospitalization. Working with a skilled Veterans benefits attorney who is familiar with VA disability law can help ensure that you receive the earliest possible effective date for your TDIU rating.
Call the office of Sean Kendall, Attorney-at-Law, or fill out the contact form on this page to schedule a free, no-obligation initial consultation. You’ve served your country with honor, now let us help you get the benefits you need to provide for yourself and your loved ones.