If you file a claim for Total Disability based on Individual Unemployability (TDIU) and it has been denied, you have one year to appeal the VA’s decision before it becomes final. It can take up to 10 months to receive a determination from the VA regarding your benefits claim. An experienced VA benefits attorney can help with your appeal to make sure you follow the proper procedures and have the best chance of a favorable outcome.
Filing an Appeal
Once you receive a rating decision letter stating that your claim has not been accepted, you do not want to wait to file an appeal. Contact an attorney as soon as possible to begin the process. Filing an appeal can be complicated, and having an attorney to guide you through the process can ensure it is done correctly and within the necessary time frame. A Veteran who wants to file an appeal has one year from the date of the determination letter to do so.
Reasons Your Claim for Total Disability Based on Individual Unemployability May Be Denied
- Lack of evidence. This is the most common reason for a claim to be denied. If the Veteran’s medical records are not satisfactory and do not provide enough evidence to support the claim, the application will be denied.
- Insufficient employment records. A Veteran must provide sufficient records of employment, such as timesheets, reports, etc., that show how their work has been affected due to their service-related condition. Failure to do may result in a denied claim for benefits.
When appealing a TDIU decision, you will want to make sure you submit as much evidence as possible. Gather evidence such as medical records, proof of employment history, statements from witnesses who can attest to your condition, and anything else that can support your claim.
We Can Help With Your Appeal
If you have been denied TDIU benefits, contact the office of Sean Kendall, Attorney-at-Law for a free, no-obligation consultation. We may be able to help you with the appeal process for any disputes you may have with a claim determination and protect your legal rights so you can get the benefits you deserve. Call us today at 877-629-1712 or use our online contact form to find out more.