VA Individual Unemployability Back Pay Claims
Do you qualify for TDIU back pay?
Also referred to as Total Disability based on Individual Unemployability, TDIU is a type of financial benefit veterans can receive as a lump sum payment from the VA that functions as back pay while waiting for regular benefit payments to commence.
When the VA makes an error regarding when the payments should have begun, you may be entitled to receive back pay totaling thousands of dollars.
To find out if you are eligible for VA Individual Unemployability Back Pay Claims, contact Bassett Murray Law Group, PLLC, for a free case review.
VA Individual Unemployability Explained
Currently, about 350,000 veterans receive individual unemployability benefits as a result of being unable to work due to a disability connected to military service.
To be eligible for VA Individual Unemployability benefits, you must meet the following requirements:
- Have veteran status
- Have a disability related to your service that adversely affects your ability to work
- Have a total disability rating of at least 70% (can stem from a single or multiple disabilities)
Even with this rating, it’s not uncommon for veterans to miss out on eligible compensation. This typically occurs due to an issue with the “effective date,” which is the date when the clock starts ticking and the VA should begin paying. Because the effective date may be determined later, veterans should theoretically receive this “back pay” as a lump sum once their benefits have been approved.
Determining the Effective Date
The date of your disability is technically when your disability benefits should begin, but this date can vary based on the following variables:
- The date your doctor documented in your medical record that your disability makes employment difficult or impractical
- The date you filed an Individual Unemployability application
The VA will most likely correspond your effective date with the date of your application, but this is usually inaccurate. Instead, the effective date should be when you first had difficulty with employment because this was when you began experiencing financial challenges.
The effective date is one of several factors used to calculate benefits. Other factors include:
- Total disability rating
- Number of dependents
- Marital status
- Amount of VA benefits received during the appeals process
Other Challenges Veterans Face When Seeking VA Individual Unemployability Back Pay
In some cases, the VA denies claims for Individual Unemployability. A VA benefits attorney can help navigate problem areas and address any rejections with the VA.
Common challenges veterans face with benefits and back pay claims include:
- Proving that they cannot work solely due to a service-related disability
- Inconsistent medical records
- Lack of supporting evidence from friends or family members
- Failure to fill out VA Form 21-4192 correctly
Contact an Experienced VA Disability Attorney Worldwide Today
Bassett Murray Law Group, PLLC is experienced and successful working with US veterans to help them receive eligible benefits.
If you have been denied rightfully earned benefits or you want to ensure you’re receiving everything for which you are eligible, contact our experienced attorneys today at 734-930-9200 for a telephone, video or in-person consultation.