Personal Injury Law
Dealing with denied Total Disability Rating based on Individual Unemployability (TDIU) benefits can be extremely stressful, but there are steps you can utilize to appeal your denied claim:
- Understand the TDIU Benefits
The first step is to understand the TDIU benefits. TDIU benefits are for veterans who cannot work due to service-connected disabilities. TDIU benefits provide compensation at the 100% rate even if your combined disability rating is less than 100%.
- Review the Reason for Denial
If your TDIU claim has been denied, the first thing you need to do is to review the reason for the denial. The denial letter will explain why your claim was denied, and it will provide instructions on how to appeal the decision.
- Gather Evidence
Gather as much evidence as possible to support your appeal. This includes medical records, statements from doctors and employers, and any other documentation that supports your claim for TDIU benefits.
- Consult with an Experienced Attorney
Consult with an experienced attorney who specializes in VA disability appeals. They can review your case and help you develop a strong appeal.
- File a Notice of Disagreement (NOD)
To appeal a denied TDIU claim, you need to file a Notice of Disagreement (NOD) with the VA. This lets the VA know that you disagree with their decision and want to appeal.
- Request a Decision Review Officer (DRO) Hearing
You can request a Decision Review Officer (DRO) hearing as part of your appeal. During the hearing, you will have the opportunity to present evidence and argue your case.
- Consider a Board of Veterans Appeals (BVA) Hearing
If your appeal is not successful at the DRO level, you can request a hearing before the Board of Veterans Appeals (BVA). This is a formal hearing where you can present evidence and argue your case before a panel of judges.
- Keep Your Information Up to Date
Make sure your contact information is up to date with the VA. This includes your mailing address, phone number, and email address. If the VA needs to contact you about your appeal, they will use the information on file.
- Be Patient
The appeals process can be lengthy, so be patient. It may take several months or even years to get a decision on your appeal. However, don’t give up. Keep fighting for the benefits you deserve.
- Get Support
Finally, don’t forget to get support. Dealing with a denied TDIU claim can be stressful, so reach out to family, friends, or support groups for help. You don’t have to go through this process alone and the support of those around you can help you eliminate the stress of a denied TDIU claim.
In conclusion, appealing a denied TDIU claim can be a complex process, but by understanding the benefits, gathering evidence, consulting with an attorney, filing an NOD, and being patient, you can increase your chances of a successful appeal. Remember to keep your information up to date and get support if needed. With perseverance and the right strategy, you can get the benefits you deserve, and often this process starts with contacting a VA individual unemployability lawyer — something our friend, Gregory M. Rada, Attorney at Law, agrees with.
