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TDIU: How to get VA Unemployability 

Chisholm Chisholm & Kilpatrick LTD
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Total disability based on individual unemployability (TDIU) is a disability benefit that allows for veterans to be compensated at VA’s 100% disability rate, even if their combined schedular rating does not equal 100%. TDIU is awarded in circumstances in which veterans are unable to secure or follow substantially gainful employment due to their service-connected disabilities. TDIU can provides a substantial financial benefit for those whose schedular ratings do not combine to 100%; for example, there is currently about a $1,200 compensation gap between a 90% rating and a 100% rating.
Visit cck-law.com/individual-unempl... for more information.

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3 авг 2024

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Комментарии : 122   
@benbwma
@benbwma 9 месяцев назад
Excellent! I love the round table interactive discussion. Great job!
@CCK_Law
@CCK_Law 9 месяцев назад
We appreciate your message, thank you for watching with us. We hope the information is helpful!
@RobertChilson
@RobertChilson 6 лет назад
Thank you for a detailed analysis of TDIU and Retroactive Pay, I learned something, I had no idea that you HAVE to file an 8940 so I apologize for the comment I left on the Layi Oduyingbo video and have removed it, I was very upset that Layi Oduyingbo didn't address the fact that the VA tries to make your effective date the day you filed the 8940... not the date you filed your claim. This new video is much more educational and informative. Einstein said "if you can't explain it simply...you don't know it well enough" I see you guys know TDIU well enough.
@raybdavisjr
@raybdavisjr 3 года назад
Great information. Thank you.
@louisfaust5957
@louisfaust5957 Год назад
Great information session.
@ramonborreromccormick6165
@ramonborreromccormick6165 2 года назад
Fantastic information, thanks!
@edbard3766
@edbard3766 5 лет назад
Thank you so much for this briefing.
@CCK_Law
@CCK_Law 5 лет назад
We're glad you found this information helpful!
@robertmarbley3845
@robertmarbley3845 3 года назад
Why is tinnitus rated so low
@MB-oz9qi
@MB-oz9qi 2 года назад
Why VA takes so long for a decision with higher level review correcting an error going on 2yrs with my claim for TDIU and now want me to do another C&P exam after I did one 1yr ago. Is this a way not to give me TDIU. They play too much.
@ronaldhaugen5967
@ronaldhaugen5967 Год назад
The microphone should be turned up. Uncle Sam took my hearing thanks
@forcesightknight
@forcesightknight 4 года назад
I have a question of mathematics and percentage ratings. I am rated at 50 percent at the moment, but I have 10% for each knee (20%) 10% for lower back pain (30%) and another 30% for ptsd. That adds up to 60%. For some reason the VA says the way the math works it only adds up to 50%. If people want to know why veterans go crazy, its stuff like that.
@CCK_Law
@CCK_Law 4 года назад
Calculating your combined disability rating using VA math can prove to be a challenging and confusing process. To assist you on calculating we have developed a disability calculator. Check it out here: cck-law.com/va-disability-calculator/
@anitameyer9319
@anitameyer9319 3 года назад
My spouse is 83 and waiting to be service connected with a claim that was submitted October 2020. It’s august 2021 and stilll waiting on a decision. In June ‘21, we submitted an 8940 to be considered for TDIU when reviewing the original claim. VA hotline told me today a 526EZ MUST be submitted. My understanding by listening to your video is that the 8940 would be considered with my original claim for service connection????
@annzilch2222
@annzilch2222 4 года назад
I applied for an increased rating earlier this year. The results came back. I was still given the 50 percent rating. When my individual unemployability award is granted, will I be compensated back to 200w, when that was the last year I was capable of full time work, or back to the original filing date of 2011?
@robertlogan1070
@robertlogan1070 3 года назад
I have a service connected disability of 70%. To file for TDIU I would need to open a new claim for an increase to this 70% claim and also fill out the VA Form 21-8940 and then add the 21-8940 to the new claim? Is this the correct procedure?
@roxieowings2858
@roxieowings2858 3 года назад
I receive tdyu ...and have for years....how do I go about seeing about getting my numbers changed ..I am 60 percent on paper and then they say I'm 100%on my va comp...can my numbers be changed
@annzilch2222
@annzilch2222 4 года назад
It mentions how for the last five years, how you should be entitled to TDIU for the years of only working marginally. Is there any way I can be entitled to TDIU since the effective date of May 31st 2011 since that is when I was given the 50 percent rating. I was unemployable many years before that.
@geneseminoleranger7773
@geneseminoleranger7773 2 года назад
So if a Veteran has been awarded SSDisability in 2015 and the disability for SSI was in fact states related to military service that can be the effective date?
@ekaterinalanas7149
@ekaterinalanas7149 2 года назад
I currently work taking care of my sick mother at home and get paid through the CDPAP program. Would this be considered a "sheltered environment type" of work? As I am working directly from home with and for my mom caring for her cooking, cleaning, bathing her etc. please advise. would this fit into category of sheltered work??
@Veteran0987
@Veteran0987 2 года назад
What circumstances would you need for TDIU 8940 to be effective years ago?
@brycezavala7870
@brycezavala7870 5 лет назад
Where can I find where it's states that TDIU Should start from the initial claim and not when I applied for TDIU.
@CCK_Law
@CCK_Law 5 лет назад
Hi @Bryce Zavala - Great question! This rule isn't in VA's regulations. It actually comes from the 2009 federal court case Rice v. Shinseki. To learn more about that decision, check out our video on the 10 most important CAVC cases: cck-law.com/video/10-cavc-cases-every-veteran-should-know-part-2/
@williamredd3850
@williamredd3850 2 года назад
Age is important with reemployment after cancer treatment thru va
@thomaspaxton7799
@thomaspaxton7799 Год назад
The va hospital longbeach ca. Accidently cut my collateral ligament whil replacing my knee the Va only gave me 40 percent. While crippling me for life.
@alicewilliamson1760
@alicewilliamson1760 3 года назад
I receive 60 percentage now I not able to work can I also receive also unemployment as an additional income alone with my income I am receiving
@snowblind187
@snowblind187 5 лет назад
I’m currently a combined 90%, I’ve had the same job for 12 years but my back(which I’m rated for) is preventing me to do my job and Im working with my doctor to let me go out on fmla. How long must I be off work before I can apply for tdiu?
@CCK_Law
@CCK_Law 5 лет назад
@snowblind187, thanks for watching. Please note you can file a claim for TDIU at any point after your service-connected conditions prevent you from securing or following substantially gainful employment. For more information, please visit: cck-law.com/news/tdiu-claims/
@luzvimindaroman7271
@luzvimindaroman7271 3 года назад
is the age of the vet can be a factor to apply for tdiu?
@CraigStine90
@CraigStine90 5 лет назад
Awesome video! I recently received an 80% combined rating and am using the back pay I received to trade stocks in the stock market, primarily because my disabilities make it difficult to obtain a regular job. Would this be treated the same as being self-employed and thus I would argue I chose to become self-employed because my disabilities prevent me from obtaining a job in the regular job market as an employee?
@salaamakbar3630
@salaamakbar3630 5 лет назад
GRUNT101 BE VERY CAREFUL!!!!! I JUST GOT A LETTER SAYING THE VA WON'T SEND ME QUESTIONNAIRE FORM BUT NOW IT'S A BUNCH OF NEW RULES & IF THEY FIND OUT ABOUT MONEY YOUR MAKING & NOT LETTING THEM KNOW THEY CAN CUT U OFF BUT THIS IS USUALLY FOUND BY SOCIAL SECURITY MATCH& THIS CAN BE CONSIDERED WORKING
@curtisblackwell3054
@curtisblackwell3054 4 года назад
I am 40back20ankle20ankle 30pesplanus 30depression va.says I can work denied iu.
@frankinsco7578
@frankinsco7578 5 лет назад
Dose it help if I have ssdi
@sondrafritz6168
@sondrafritz6168 Год назад
Hi, If I file for TDIU and is granted it for the date that I filed, can I then retained a lawyer to fight for my full entitlement when I was initially rated?
@airborne8580
@airborne8580 2 года назад
I can't hold a job no longer than 3 months before I have to quit because of the B's in the workplace, supervisors that need to be demoted etcetera
@markhudsonsr.2282
@markhudsonsr.2282 Год назад
I noticed that every time. The Veterans are trying to get what they deserve. There is always a problem, and they make it very difficult to understand. I am still having a problem getting a VSO to help me with my paperwork. The calls have been made, voicemails are still in. And I noticed that some of my Veterans friends have Cancer. And they don’t talk about that, and they can’t work. Because, of the suffering they they go through. TDIU should be given, without a problem. For Veterans that have Cancer.
@michaelvaughn2287
@michaelvaughn2287 5 лет назад
I didn't find it clear ,as to weather or not if I only have let's say 30% so not even hitting a 40% but have a vocational expert claiming that I am unemployable would I still be entitled to tdiu ?
@jevet-lady4308
@jevet-lady4308 5 лет назад
It's not impossible but, it would be a definite uphill journey and the evidence would really need to show you are unable to work solely due to your service connected disabilities. It would have to be sent to Compensation Service for consideration of extra scheduler entitlement.
@michaelvaughn2287
@michaelvaughn2287 5 лет назад
@@jevet-lady4308 thank you for your response I do aprestiat your time .
@carlosh11934
@carlosh11934 8 месяцев назад
I'm at 70% for mental condition which is manifested by suffering from anxiety, nervousness, mental lapses in memory, agitation, amoung other things. I have applied to TDIU with the help of an advocate here in Texas. I have been turned down by the VA at least twice. It seems to me that what might help me reach 100% would be a letter from a Vocational expert. How do I go about finding one that could work with me?
@Jacquelyndorindachic
@Jacquelyndorindachic 3 года назад
I JUST SUBMITTED A 8940 WITH MY TDIU Claim
@mrcrawford8932
@mrcrawford8932 2 года назад
Any luck?
@robertjackson9495
@robertjackson9495 22 дня назад
Is there an age limit on TDIU?
@tinahoward5931
@tinahoward5931 3 года назад
I was stationed at ft Mac in the early 90’s. I have systemic lupus, late stage breast cancer, high BP & I’m a diabetic! PLEASE HELP. I was turned down for VA benefits twice!
@TheDonna1959
@TheDonna1959 2 года назад
@Tina Howard I was stationed at Ft. McClellan, Alabama in 1977 for my WAC Basic Training. I also have breast cancer & had a bilateral mastectomy (surgical removal of both breasts). I applied for VA compensation related to this issue & I was denied as well!
@Frank-nx1ie
@Frank-nx1ie 5 лет назад
A few years before I was approved for SSDI I had appealed my VA 50% and was rejected with a warning. claiming that I f I pursued further, The VA could not only turn me down again, but also reduce the rating I have. I filed for TDIU anyway. Do I have to be concerned?
@robertwhite1181
@robertwhite1181 5 лет назад
Really? When was that? Sounds "adversarial" to me...
@Frank-nx1ie
@Frank-nx1ie 5 лет назад
I'm thinking that they were making me aware that sometimes the review process reveals improvement and that it could be expected to decrease in rating. Nothing personal I'm certain.
@CCK_Law
@CCK_Law 5 лет назад
Hello @Frank Borowski, we have an article about rating reductions and when VA can and can't reduce a veteran's rating. Take a look if you are interested! cck-law.com/news/rating-reductions/
@tboy221
@tboy221 3 года назад
interrogative. i am 100% for schizoaffective disorder depressive type. and a 40% for multiple sclerosis at military discharge i believe was a misdiagnosis. and 3 10%ers 1 being tinnitus and the other 2 are just bogus. anyways the real illness is the schizo one. and the tinnitus. i have a huge problem with paranoia, and intrusive thoughts. those are my main symptoms. but there are others that come and go from time to time. i really want to work but i dont know if i can handle it. i havent worked since i left the marines in may 2012. i have always been the silent type/shy and introverted. but when i get to know people like a fellow employee i start thinking they are plotting against me. many times i am in convo groups with people and hear them talk about how they feel (discouraged) with another person and that fuels my intrusive thoughts into thinking everyone hates me and is plotting against me. i stay away from everyone and large groups because of my paranoia. im not saying im getting better or worse but if i work in a toxic environment for my illness i would probably cut my arm and end up in the psych hospital for weeks to months. im not making any of this up. there are medical records at the va and i have a va psychiatrist + counselors. what do you think? i know that i have to wait for reevaluations for t&p and im really not worried. personally i want someone to tell me i dont have to take psych meds anymore and/or see a psychiatrist anymore.
@iamlegend708
@iamlegend708 4 года назад
Sir I was totalling 70% combined rating with 30% flat feet, 30% depression, 10% lumbar spine, 10% left knee and 10% right knee when I filed for tdiu in January..today I checked my ebenefits online and saw that my combined rating is increased to 80%...70% for depression, 10% flat feet, 10% left knee, 10% right knee, 20% lumber spine, the decision letter is in the mail tho..so my question is do you think my tdiu is granted and is it possible to verify that online. Thank you
@leocachuela6236
@leocachuela6236 Год назад
O
@leocachuela6236
@leocachuela6236 Год назад
L
@anthonygrant2902
@anthonygrant2902 4 года назад
I was given to many meds. and had internal bleeding had to be rush to the hospital where I stayed for 3 days could I have applied TDIU at that time?
@paulmoore415
@paulmoore415 3 года назад
Hard is it to get TDIU when u have a 70% rating for psych
@williamredd3850
@williamredd3850 2 года назад
Does age have any consideration with tdiu
@carlosverges5074
@carlosverges5074 Месяц назад
I have 90% combined compensation, do I have to be re-examined? For TDIU
@williamredd3850
@williamredd3850 2 года назад
Received prostrate benefits at 100 percent currently reduced to 40. VA rep never offered tdiu to be filed can I still file because I can't do my job anymore piror truck driver Dr.statement quality of life and occupation will not alone me to drive
@aloysiusjames6981
@aloysiusjames6981 6 лет назад
How can I get my claim rating up for Crohn's, they rate me at 70% for PTSD an 10% for tinnitus but 0%for my back knee Crohn's an risk how can I get the full tdiu rating
@CCK_Law
@CCK_Law 6 лет назад
Aloysius James, thank you for reaching out. Unfortunately, we are not able to give legal advice but the first step in getting TDIU is to file a VA Form 21-8940. If you would like a free case evaluation to see if our office is able to assist, give us a call at 844-567-1185.
@aloysiusjames6981
@aloysiusjames6981 6 лет назад
Chisholm Chisholm & Kilpatrick LTD I have applied for TDIU or IU an the VA know the time line when I applied for a FDC an TDIU but they denied me an told me to apply for a N.O.D. an then apply for another claim for TDIU
@kenndeaux317
@kenndeaux317 5 лет назад
What about total and permanent status for TDIU..??? When does that apply ?
@CCK_Law
@CCK_Law 5 лет назад
@kenndeaux317, for more information about permanent and total status for TDIU, please visit our blog: cck-law.com/news/tdiu-permanent/
@benthornley7480
@benthornley7480 3 года назад
How long does the VA have to make a decision
@ebp1234
@ebp1234 3 года назад
22 years
@adamarispe
@adamarispe 4 месяца назад
Does VA 40% lumbar and 40% secondary sciatica nerve damage equals to one rating?
@annzilch2222
@annzilch2222 4 года назад
I am a four year veteran. I am trying to get TDIU benefits to go back to 2002 when I first became unemployable due to my service connected disability. Is there any way I can get backpay for the years I was marginally employed?
@CCK_Law
@CCK_Law 4 года назад
@AnnZilch, generally VA will only grant back pay dating back to the effective date. VA grants effective dates based on the date it received the Veteran’s claim.
@annzilch2222
@annzilch2222 4 года назад
My original effective date for service connection is from 2011. If my rating all of a sudden goes from 50 percent all the way to 100 percent, will I be compensated for the difference?
@annzilch2222
@annzilch2222 4 года назад
I did some research on the web. It said that when a TDIU award is granted, the effective date would be the date the veteran became unemployable as a result of service connected disabilities. There was a case done by an attorney from another law firm. There was evidence that the veteran was found to be unemployable from August 2005, even though the TDIU application was filed in May of 2009. They granted him an earlier effective date of August 2005.
@annzilch2222
@annzilch2222 4 года назад
It said in the video that he or she should be entitled to TDIU for those particular years, years of marginal employment?
@sugarbear1225
@sugarbear1225 5 лет назад
Does tdiu get you all of the other benefits besides pay that a 100% get you?
@CCK_Law
@CCK_Law 5 лет назад
Hello Royland. TDIU does entitle veterans to certain additional benefits, much like those 100% schedular veterans get
@sugarbear1225
@sugarbear1225 5 лет назад
@@CCK_Law I have been searching the internet and I can't find out what those other benefits are.
@waynemorris2342
@waynemorris2342 4 года назад
Benefits for spouse
@bryanvernazza1973
@bryanvernazza1973 2 года назад
I have an 80% unemployment rating and I get paid at 100% even though I am at 80% in the computer about the VA is I have neuropathy I broke my neck my seasick my C6 C7 spinal column had to get fused back the other I cannot use my right arm and the neuropathy goes down my whole right side and it makes it hell to stand or sit and I just couldn’t work and I’m only 45 the problem is why don’t I have 100% if I’m getting paid 100% you know what I mean if you could help me out appreciate it my name is Bryan 101st airborne for Campbell Kentucky
@bryanvernazza1973
@bryanvernazza1973 2 года назад
Can you guys help me I am fully unemployable to the VA I do not get SSDI they’ve denied me for it I am appealing that I want to know how I can get from 80% and still be getting paid 100% how is that at 80% you can’t go on the bases indoor shopping and stuff and have a lot more benefits that’s why I want 100% if I’m getting paid at 100% I should get 100% correct
@carlosverges5074
@carlosverges5074 Месяц назад
I have three 50%, one 40% and three 10% .
@rolandagonzales6189
@rolandagonzales6189 2 года назад
Gd a.m.my husband is a ww11 veteran 94 yrs.when he died last jan.26 2021.he was 9 years 13 mos. 100% disablt of bilateral sensoreneural hearing loss and 10%tinnitus.he died of high risk pnuemonia confined at the veterans hospital quezon city phils..my claim for surviving spouse was denied because the cause of death is not service connected.what else can l prove that l may be qualified.tnks
@CCK_Law
@CCK_Law 2 года назад
Hello Ms. Gonzales. We are sorry to hear about the passing of your husband. If you would like to learn about other benefits you may qualify for, please read this blog: cck-law.com/blog/va-benefits-for-spouses-of-disabled-veterans/. If you would like a free consultation with our office to determine whether we can assist, please reach out at 800-544-9144. Thank you
@renanrejas
@renanrejas Год назад
I need to apply for tdiu
@georgebergler8434
@georgebergler8434 2 года назад
I had a job I lost my job due to congestive heart failure can’t I get compensated I lost my CDL can’t drive anymore
@georgebergler8434
@georgebergler8434 2 года назад
I don’t have a rating but I lost my job because of congestive heart failure can’t I get compensated I was a truck driver
@randysmith111
@randysmith111 4 года назад
I have a rating of 30% for ptsd, 60% for chronic fatigue and 40% for fibromyalgia. Could i get TDIU?
@christiankelly8127
@christiankelly8127 2 года назад
Yes!
@jimlester8878
@jimlester8878 Год назад
What about social security
@stephenclay7717
@stephenclay7717 11 месяцев назад
Higher level review/duty to assist error
@rickeytorresaponte7439
@rickeytorresaponte7439 3 года назад
how can i get your firm to represent me for increase my 70%
@carlosverges5074
@carlosverges5074 Месяц назад
I have 90% combined compensation, do I have to be reexamined? Furthermore, I am 61 years old.
@carlosverges5074
@carlosverges5074 Месяц назад
For TDIU
@clifforddavis9781
@clifforddavis9781 3 года назад
Ss just gave me a total disabity can I get a tdiu for va
@ph4ntomsoldier
@ph4ntomsoldier 2 года назад
wtf for? You're just going to be wasting the VA time and prolonging another veteran getting TDIU,. You already receive all the benefits allotted to you and should be grateful you got to 100% the hard way.
@carlosverges5074
@carlosverges5074 Месяц назад
I means two 50%
@frankripley5188
@frankripley5188 10 месяцев назад
Amazing to me is that the VA is legally required to assist the veteran in filing their claim. Yet the veteran has to go to court to get a hearing? Sounds like to me that the person doing the rating should be fired for not helping the veteran. For whatever reason, the rater failed to do his/her job. What a racket too that a veteran has to hire a lawyer when the VA failed to help the veteran . I'm not hostile over this, I'm pissed. The VA is definitely not our friend.
@samuelcochran7877
@samuelcochran7877 3 года назад
My Name Sam Cochran, I have PTSD. An I have just. Finished my sleep apnea test was told by the VA l was severe , I have been suffering for along time I have tried working .part. Time .an it just got me down so bad I finally ,had to give up working at all the bad part for me is it affected me to the point I could not hold up all I wanted to do is sleep it effected my over all health I have been going to the VA in Atlanta for many years I have talk to a lot of people at the VA but even talking ma seem to help but over all ,I'm still suffering from all this .my health my Daly life has turned to well it's not so good now re accruing dreams thoughts of things that I why am I still . well, I have finally had to give up trying to work at all . it is an has been a struggle the Los of family a lot has mounted up over the years . since I was was in. Viet nam but that is really where my life started .
@nathanfidelis4827
@nathanfidelis4827 2 года назад
Send a text message to number below to get help. ④︎⑦︎⑤︎ 295 ①︎⑤︎⑨︎⑧︎
@lyled-wn4pw
@lyled-wn4pw 3 месяца назад
😢Can you get TDIU if you get ss
@CCK_Law
@CCK_Law 3 месяца назад
Hello! Yes, you can qualify for and receive SSDI and Individual Unemployability at the same time. And, unlike some other federal benefits, there is no “double-dipping” offset. That is, you can collect the full amount of both SSDI and Individual Unemployability at the same time. Check out our blog about TDIU and Social Security Benefits
@tonydacosta6410
@tonydacosta6410 5 лет назад
How long does TDIU last????
@CCK_Law
@CCK_Law 5 лет назад
@Tony Da Costa, TDIU benefits will continue as long as you remain unable to work as the result of your service-connected conditions. There are certain situations in which VA can propose to reduce benefits; however, it must follow specific rules when doing so. Learn more here: cck-law.com/news/rating-reductions/
@ph4ntomsoldier
@ph4ntomsoldier 2 года назад
I'm at 90%, I can't even begin to imagine how long a law firm would drag out my IU claim to get the backpay they want. I would probably be buried in the ground before that was approved.
@diverdoc2023
@diverdoc2023 3 года назад
I already have 100%, but should I Still seek TDIU?
@georgeward4672
@georgeward4672 3 года назад
for what god damn you got 100% leave that shit a lone
@NICDADE305
@NICDADE305 3 года назад
If your disability keep you from working full time yes you should apply.
@LawDogg01
@LawDogg01 3 года назад
@@georgeward4672 his 100 could get lowered at anytime. So the TDIU would lock it in. Now if you have 100 P and T then there is no reason to go after TDIU.
@ph4ntomsoldier
@ph4ntomsoldier 2 года назад
No you should apply for T&P.... wow... just... wow.
@leafeq2963
@leafeq2963 3 года назад
Can you represent me
@forexfrank4484
@forexfrank4484 3 года назад
cant hardly hear you people lol
@brendasouza4357
@brendasouza4357 2 года назад
You need to talk louder .
@RodneyCollins-sn9pw
@RodneyCollins-sn9pw 9 месяцев назад
B 😊n
@clintcollins81
@clintcollins81 5 лет назад
Your audio is horrible.
@todddavis9437
@todddavis9437 3 года назад
I can say this about the law firm I had DAV represent me and a lawyer from this practice her name was Jorden I think she's not there anymore anyway she helped me win a appeal they represent DAV so they must be a good practice so I'm just saying that they do help and know thier shit. At least she. Jordan did anyways vet organisations will represent you for free and if you need more they can get you this help. Free no charge what so ever but with out you have to pay them if you win so thinl about it DAV American liegon VFW all will help you free if charge and more
@bryanvernazza1973
@bryanvernazza1973 2 года назад
I was wondering I’m at 80% disability when I should be at 100 I have an unemployment I cannot work for the rest of my life but I get paid at 100% but I’m missing out on the hundred percent different disability would I be getting opposed to 80% can you help me with that
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