Appeals And Higher-Level Reviews For TDIU Denials
Posted by Gregory M. Rada | April 01, 2025 | Firm News
Our VA TDIU lawyer knows that being denied Total Disability based on Individual Unemployability (TDIU) benefits can be frustrating. It’s common for veterans to face denials despite the severity of their service-connected conditions. However, a denial isn’t the end of the road. You have options to challenge the decision and fight for the compensation you deserve.
Common Reasons For TDIU Denials And How To Overcome Them
TDIU claims are denied for various reasons, but the most frequent ones are:
- Insufficient Evidence of Unemployability: The VA needs clear proof that your service-connected disability prevents you from securing or maintaining gainful employment. Many denials stem from a lack of detailed medical records or insufficient documentation to show the extent of your disability.
How to Overcome It: To avoid this issue, it’s essential to provide a complete medical history showing how your condition affects your ability to work. We recommend submitting statements from your doctors or specialists as medical evidence, detailing how your disability impacts your daily life and work capacity. - Failure to Meet Minimum Disability Percentage Requirements: For TDIU, veterans must have one service-connected disability rated at least 60%, or a combined disability rating of 70% with one disability rated at least 40%. If your disability rating doesn’t meet these thresholds, your claim could be denied.
How to Overcome It: If you believe the VA has incorrectly rated your condition, you can challenge the disability rating itself in addition to the TDIU claim. Requesting a re-evaluation or filing a new claim for additional service-connected conditions may help you meet the requirements. - Inconsistent Employment History or Failure to Show Impact on Work: Sometimes, the VA may find that your unemployment is not directly related to your disability, especially if there is a lack of detailed employment records or if you’ve had periods of employment during your claim.
How to Overcome It: To strengthen your claim, we suggest submitting statements from former employers or coworkers who can attest to how your disability affected your ability to work. Additionally, providing a detailed timeline of your employment history and the impact of your condition can help clarify your situation.
Tips For Filing A Notice Of Disagreement (NOD) And Seeking A Higher-Level Review Or Board Appeal
When filing a Notice of Disagreement (NOD), it’s important to act promptly, as you have one year from the date of the VA’s decision to file. We always recommend filing as soon as possible to preserve your rights. In your NOD, be specific about why you disagree with the decision. Clearly point out any errors you believe the VA made in assessing your case, such as overlooking important evidence or misinterpreting your medical records.
After filing the NOD, you’ll have the option to request either a higher-level review or an appeal to the Board of Veterans’ Appeals (BVA). A higher-level review involves a senior VA adjudicator re-examining your case without introducing new evidence. However, if you believe your case needs a more thorough review, appealing to the BVA may be the better choice. This route includes a formal hearing where you can present new evidence and make your case.
How Legal Representation Can Make A Difference
The appeals process can be overwhelming, and a mistake at any stage can delay your benefits. Having legal representation can significantly improve your chances of success. Attorney Gregory Rada is a VA-accredited lawyer. As a disabled veteran, he has firsthand experience dealing with the system.
Our team will begin by thoroughly reviewing your case to identify any weaknesses or overlooked evidence that could help support your appeal. We also assist in gathering the necessary medical, employment, and personal statements to strengthen your claim. Whether you’re filing a Notice of Disagreement (NOD), seeking a higher-level review, or appealing to the Board of Veterans’ Appeals (BVA), we help prepare and file the necessary paperwork, so that all required information is submitted correctly. Throughout the process, we advocate for you, presenting your case clearly and effectively during hearings and reviews.
Your Advocate In The TDIU Appeals Process
With our help, you don’t have to face the appeals process alone. You’ve served our country, now it’s our turn to serve you. Gregory M. Rada, Attorney at Law is here to support you every step of the way and fight for the benefits you deserve. There are no fees unless you win. If your TDIU claim was denied, contact Greg today to discuss how he can assist you in appealing the decision.
