TDIU | How To File a VA Disability Claim | Total Disability Based on Individual Unemployability

A lot of myths about TDIU exist and how to file a VA disability claim for it. In today's video I address some of these myths. I talk about such things as bad effective dates for TDIU, individual unemployability, and address such questions as "can I work while receiving TDIU?"

Total Disability based on Individual Unemployability is a topic that can be very complicated, so I address some of the more common misconceptions and what you should know about TDIU.

My name is Andy Gross, and I am the founder and managing attorney at the Law Office of Andrew P. Gross. I'm an experienced litigator, veterans attorney, lawyer, and advocate with over a decade of experience. I served as a Judge Advocate in the United States Army, and have dedicated myself and my career to helping those you get the veterans benefits you deserve. I started this firm to serve those injured by the negligence of others, along with Veterans seeking the benefits they earned through their own service.

DISCLAIMER: This video is not legal advice and is for educational purposes only. Individual cases will vary.

All content copyright © 2024 The Law Office of Andrew P. Gross

[ghost_shadow_at_midnight]

Hello!
This is Lawrence.
I may need this.
Very informative.
Thank you!

[gloriousepochquotes]

Where does the VA get your income information from? SSA? Or IRS? Both? If IRS, do they look at your AGI?

[newtonty]

would selling a piece of art be considered earned income?

[CAborn]

This also depends on dependents in the household. As this number increases the amount you can make increases. The VA uses Census numbers for the particular year. This is updated yearly so make sure you know how much you are making and what the cutoff is to below the poverty threshold.

[jameswood]

My last job was part time rather than full time. Can I still apply for tdiu?

[rondouglas]

Just to clarify, pension SSI and IRA income does not count as working income?

[damienbell]

I have 50% migraines. It says unemployable in my claim cause of the frequency of them. I heard you don’t have to have 60% at 1 rating.
I heard it’s called extra scheduler TDIU

[jslade]

So I'm waiting on my decision now on the regular disability I want to file tdiu also I guess I have to wait to see what the decision is going to be but I guess it's a plus I've been on SSDI for 4 years now

[everestdude]

Hi, Doesn’t the VA only look at your EARNED income that is reported to SSA? Are capital gains from stocks or selling a house considered income and it affects your tdiu eligibility? Earned income is from job but capital gains are not. Thanks.

[richardcruz]

If I withdraw all of my 401k to buy a house at 60 years old, does that count against my TDIU?

[noddyroddy]

Can you apply for TDIU and if awarded get SS at 62.5, in other words, receive both or just one or the other?

[PhillyD]

I know this is an older post but a quick question to the community. I am currently 80% (50% anxiety, 40% lower back and a few other smaller ratings) I applied for TDIU about 4 months ago. I have not yet recieved any notification of C&P exams. i've called VA and they confirmed there are none pending. Could that be because I already meet the criteria for TDIU and the VA doesn't need repeat C&Ps or.... Initial review found problems with my claim and are able to deny it without C&Ps. Most of my prior ratings and C&P exams have been within the past year and a half... maybe since they were fairly recent, they can just go off those previous exams? Anyway, my claim is currently in "Preparation for Decision" and i'm starting to feel like it's a denial! Any advice on this or what I did wrong?

[juleskinkead]

i was misinformed early 2023 and filed TDIU before I ever filed my first VBA claim so the VA said they have it electronically and will keep it in file if you ever need to file after filing a VBA claim.
I filed VBA claim and got hearing 0%, tinnitus 10%, PTSD denied. 8 other claims they deferred including loss of a lung, prostate and bladder, copd, mental depression anxiety, all been diagnosed but deferred. I filed PTSD non combat from 4 events that caused moral injury and shame. I was affirmed positive for TERA. Service connected to radical pneumonectomy by change in law in 2002 is 100% PT so I dont know what is going on.

[nelsoncopo]

Hi Mr Gross. I just recieved my nexus letter from Dr Sharma and submitted my 8 month old intent to file. He recommended u to me if I needed further assistance. I’ll be in touch!