Posted by Gregory M. Rada | Disability Compensation,State Veteran Benefits
The VA established the Benefits Delivery at Discharge (BDD) program to help eligible veterans receive their VA disability compensation benefits as soon as possible after they are released from active duty. In short, the BDD program allows a service member to apply for their VA benefits while they are still on active duty so that VA can approve the benefits and the veteran can start receiving the benefits as soon as they are discharged.
To participate in the BDD program, you must filed a new claim with the VA using the VA Form 21-526EZ, which you can do online at VA.gov, via mail, or in person. Your unit should be able to point you in the right direction to get started. Once you file the claim, the VA will obtain your service treatment records and then schedule you for any necessary VA examinations.
After all the VA examinations are complete, the VA will issue a proposed rating decision that will explain what the VA is granting or denying. As soon as you are discharged from the military, the VA will issue a formal rating decision and you will start receiving your VA disability compensation benefits. If you are not satisfied with the rating decision, you can then start the appeal process.
You are eligible for the BDD program if you meet all the following requirements:
If your VA claim requirements special handling – such as if you are waiting for the VA to determine the character of your discharge, or if you’ve suffered the loss of a body part, or are terminally ill or pregnant – you cannot participate in the BDD program. Those members can of course still apply for VA disability benefits through the normal process.
Claims submitted through the BDD program usually take 60-90 days to process, although this timeline can vary depending on the specifics of your claim. The goal of the BDD program is to ensure that a veteran starts receiving their disability compensation payments within 60 days of discharge.
Aside from receiving your benefits soon after discharge, participating in the BDD program makes it so that your VA exams are performed during active duty. This can be beneficial because if you receive a new diagnosis during a VA exam, you’ll have proof that it first started on active duty because the exam that diagnosed you was performed on active duty.
If you are still at least 90 days prior to separation, you can add disabilities to your BDD claim. If there are less than 90 days before your separation, the VA will process any additional claimed disabilities after your discharge.
If you are not satisfied with the rating decision you receive from the VA through the BDD program, contact me to see if I can assist you with an appeal. Here’s a step-by-step breakdown of my approach to making sure you receive the benefits you deserve:
The initial consultation is free of charge and confidential. We’ll discuss your case during this meeting and determine whether there are grounds for pursuing an appeal.
Once we’ve determined that there’s merit to your claim, I will draft representation paperwork and email it to you for electronic signing. I’ll countersign the representation paperwork which is when I officially become your attorney for purposes of VA benefits.
I then review your entire VA claims file to ensure that everything is in order before submitting your appeal to the VA. This is the most critical step, as it helps me pinpoint errors in your case that may affect the appeal.
At this point, we’ll discuss the findings from my review of your VA claims file and I’ll outline my recommendations for next steps in your appeal.
We’ll gather and develop the evidence needed to win your appeal, which may include obtaining medical records, drafting statements from you, family members, friends, or coworkers, and obtaining any required independent medical opinions or vocational assessments.
After developing all the necessary evidence to win your VA disability compensation appeal, we submit your appeal along with the evidence to the VA. After we submit everything, we wait for a decision.
Understanding Total Disability Individual Unemployability (TDIU) can be complex, and at Gregory M. Rada, Attorney at Law, we recognize the importance of providing clear and helpful information. Here, we answer some frequently asked questions about TDIU to help veterans understand how a VA TDIU lawyer can assist them in securing the benefits they deserve.
Total Disability Individual Unemployability (TDIU) is a benefit awarded by the Veterans Affairs (VA) to veterans who are unable to maintain substantially gainful employment due to service-connected disabilities. TDIU allows veterans who do not have a 100% disability rating, but who are unable to work due to their impairments, to be compensated at the 100% disability rate.
Eligibility for TDIU requires that a veteran has one or more service-connected disabilities. The standard criteria include having one disability rated at least 60% or having a combination of disabilities with at least one disability rated at 40% and a total rating of 70% or more. Importantly, these disabilities must be severe enough to prevent the veteran from securing or following a substantially gainful occupation.
Applying for TDIU requires specific documentation to support the claim. Necessary documents typically include medical records that detail your service-connected disabilities, statements from your physicians about your inability to work, personal statements describing how your disabilities affect your daily life and employment capabilities, and any relevant employment records. A VA TDIU lawyer can help ensure that you gather and submit all required documentation effectively.
Veterans may still work while receiving TDIU benefits, but only under certain conditions. The employment must be considered “marginal,” meaning it does not provide earnings above the poverty threshold, or it must be “sheltered,” such as working in a family business where accommodations are made for the veteran’s disabilities. If you engage in what the VA considers “substantial gainful employment,” your eligibility for TDIU may be questioned and potentially revoked.
The VA evaluates TDIU claims by examining the veteran’s ability to engage in substantially gainful employment in relation to their service-connected disabilities. This involves a detailed review of medical and employment history, considering factors like earnings level and the nature of the employment. The VA looks for evidence that the veteran’s disabilities truly prevent sustaining meaningful employment, assessing both the medical impairment and its practical impacts on work capacity.
At Gregory M. Rada, Attorney at Law, we understand that navigating the TDIU claim process can be daunting. Gregory M. Rada has been representing his fellow veterans before the Veterans Administration since 2012. He started After Service LLC so veterans would have access to a law firm founded by a veteran. Greg exclusively handles VA disability compensation, pension, and survivor benefit appeals at all levels of the VA adjudicative process including at Regional Offices nationwide, the Board of Veterans’ Appeals (BVA), and the Court of Appeals for Veterans Claims (CAVC). He is honored to have a job serving other veterans and their families.
A dedicated VA TDIU lawyer from our team can guide you through every step, ensuring that your application is thorough and persuasive. If you believe you may qualify for TDIU or if your initial claim was denied, we encourage you to reach out to us. Let’s work together to secure the benefits you need and deserve. Contact us today for personalized assistance with your TDIU claim.
