TDIU benefit

Jim,
I came across a very helpful article you wrote on the topic of TDIU. I have a couple of questions about the process etc...
My claim is at 150 days and in the "employment verification" phase, VA form 21-4192 (I'm assuming) was sent to my former employers.
1) Does it negatively affect my claim if at the time of my last employment, my disability wasn't a huge issue with regards to work place accommodations and physical limitations? My physical condition worsened after my last time of employment and has negatively affected my ability to find work.
2) Because my claim is at this phase is it a good sign that I will receive a favorable decision?
Thank you for your time and consideration.
Reply:
VA will try to understand why you left that last job, particularly if there were workplace accommodations in place that allowed you to continue working. A veteran can't simply resign from a job in hopes of an award of Individual Unemployability.
In any case, a lot of weight is given to reasons that you aren't currently able to find and hold gainful employment. I've found that it helps to provide reliable evidence that you have been diligent in seeking employment but that because of your service connected disability, you haven't been successful.
I'm not sure who told you the "phase" your claim is at. If you're calling the toll free number or using an electronic method of inquiring as to the status of your claim, I'd recommend that you don't bother. None of those replies are likely to be accurate...nobody really knows where your claim is at in it's long march to adjudication. You're being told what they think you want to hear to placate you. There is no reason to continually check on your claim. It will get done when it gets done and not before.
No, there is no "good sign" indicating a favorable outcome. Every IU claim will go through the process of verifying previous employment whether or not it is awarded or declined.
The TDIU benefit isn't easily handed out by VA. It is a generous award with a wide range of benefits and there are strict rules that must be followed when the rater considers the award. Overall it's my belief that the majority of TDIU claims are denied and must be appealed.
 


Source URL: https://dev.statesidelegal.org/tdiu-benefit-0