I was trying to fight the VA on my own for 50 years I get out in 1970 how to Vietnam I was pretty sick but I had to work I couldn’t depend on the VA for anything kept telling me there was nothing wrong about three years ago, I tried to hire attorneys in Orlando Florida tonight for them. You guys are so smart they got the VA standing at attention. I got my money two years backpay within a year and a half. These guys are brilliant hire them.
I had a rating of 80% total back in 2018 with a 40% for lumbar discogenic disease plus 20% each leg for bilateral radiculopathy. Someone at the VA suggested to me that I should file for TDIU, so I did. Worse decision ever! They lower the ratings to 20% for my back condition and 10% for the bilateral radiculopathy. Then lower them back again when I filed for depression bc the chronic pain wasn’t letting me sleep well. I’m totally disappointed with the VA, especially when my lower back is not improving and now my cervical spine is being affected. 😢
I'm sorry to heat that. The VA can be frustrating to deal with. If there is anything we can do to help, please call us at 800-544-2108, or you can request a free case evaluation here: www.woodslawyers.com/contact/?.com&TDIUMythsNeil&CommentShare
I injured myself in a training exercise. Discharged with a 0% rating. 30 years later O can't work because of my left knee. My VA patient advocate tells me to see the VBA. Within 90 days my rating went to 60%. 60 days later the VA (after sending me TDIU paperwork) awards me IU p/t....So , always be on it... not like me.
Hello there.. just saw an old benefits denial letter from a claim i filed the month that i ETS'd 8/2001 and it shows I was claim knee and back issues... I forget why it was denied, but most likely i didnt make the C&P appt is because the process was over a year at that time and I had already moved out of state. OAN, I dont have my outpatient STRs only inpatient STRs because thats all national archives provided me... crazy part is VA is now saying I never complained about back pain in those days when clearly, I did. Maybe during those days they didnt have the, "you have up until 1 year to service connect injury rule"... I am still attempting to service connect with a nexus letter from a letter of intent filed 2/2023.... however, do you think that I can possibly win at the board of appeals to get the knees, back and dizziness back dated all the way to 8/2001? Your thoughts on that? My apologies on the length...
Thanks for your question. It's possible that your military records may be stored at the VA Records Management Center, which serves as the VA medical records department. You can try reaching out to them to see if they have the records you are looking for. We would be happy to see if we can help with this issue. You can reach us at 800-544-2108, or you can request a free case evaluation here: www.woodslawyers.com/contact/?.com&TDIUMythsNeil&CommentShare
I am on SSDI and am a 90% service connected veteran. I currently have 2 pending claims awaiting a decision. I am considering filing for TDIU once the 2 pending claims have been rated, if I don't hit 100% schedular. I am concerned that my SSDI may be offset (reduced) if I get approved for TDIU. Should I be worried or are the two entities separate and do not weigh against each other in payment determination?
That is a great question. Veterans can receive individual unemployability and Social Security disability simultaneously. The amount veterans receive in SSDI benefits isn’t reduced because of their VA benefits, so it can be beneficial to apply for both.
They say file for TDIU as early as you can but Woods § Woods has my case & boy are they taking their sweet time. They haven’t filed anything or preserved a date for back pay. I’m in limbo right now.
Every veteran's case is different. Our priority is achieving the best possible outcomes for our clients, and we carefully consider many factors before making decisions that will impact a client’s decision date. We encourage you to bring these questions and concerns to your case manager so they can further explain the specific case plan for your claim.
I have a TDIU rating with my percentage of disability at 80% with P&T. I have multiple secondary issues due to primary disabilities; sleep, chronic and referred pain to other body parts, however, I'm not sure if it is worth trying to get these multiple secondary issue awarded if there is no benefit, as I'm getting the monitory amount of $3946, but is there a possibility for SSDI. Additionally, is there any benefit in getting 100% over TDIU as far as if I were to die and my spouse being left without any monitory amount she may receive?
Thanks for your question! TDIU pays the same amount as a 100% rating. In the event of a veteran's death, the spouse can apply for DIC benefits. You can learn more about DIC benefits here: www.woodslawyers.com/dic-benefits-for-widows/?.com&TDIUMythsNeil&CommentShare You can also read more about the differences between 100% ratings and TDIU here: www.woodslawyers.com/difference-100-percent-rating-individual-unemployability/?.com&TDIUMythsNeil&CommentShare
I'm self employed, basically just working behind my computer all day, but with my back issues I'm not able to work a regular...can hardly walk right now. Currently working on getting VA disability and I know I could qualify for ss disability. Is it possible for me to still keep working as self employed? Thinking I may need to form a corp or llc and pay myself through it? Appreciate your insight..thanks
It's hard to answer this question without knowing more details about your case. We would be happy to discuss this with you to see if we can help. You can reach us at 800-544-2108, or you can request a free case evaluation here: www.woodslawyers.com/contact/?.com&TDIUMythsNeil&CommentShare
If I got placed on TDIU and I work part time for my dad at his company. Do I inform the VA ? Is there a specific way? I don’t make much; it’s a tad bit above the poverty line. Thanks
Veterans receiving TDIU benefits have service-related medical conditions preventing them from maintaining substantially gainful employment. The VA defines substantially gainful employment as “employment at which non-disabled individuals earn their livelihood with earnings comparable to the particular occupation in the community where the veteran resides. It suggests a living wage.” If the employer is making special accommodations because of a veterans’ medical needs, the job would be considered sheltered or protected employment, which is not substantially gainful employment. If a veteran is employed in a sheltered work environment, they may still be considered for TDIU benefits, even if the job’s income is above the poverty line.
Is alimony, military retirement a social security (not ssdi) considered passive income? I am thinking about filing, but I think I might make too much taxable income. I am rated 80% with 60% being my highest rating out of the 80%, and unfortunately, I haven't been able to work for years...
Passive income is income you receive from an initial investment that you are not actively working for now. We would be happy to discuss your specific situation with you to see if we can help. You can reach us at 800-544-2108, or you can request a free case evaluation here: www.woodslawyers.com/contact/?.com&TDIUMythsNeil&CommentShare
Collecting lay statements from employers and coworkers is key to making a strong case for TDIU benefits while a veteran is working in a protected environment. This link has more information about what should be in one of these statements: www.woodslawyers.com/marginal-employment-sheltered-work-environments/?.com&Neil+TDIU+MISCON+23
Attorneys and VSOs cannot charge a veteran for help filing an initial application for VA disability benefits. Federal law prohibits representatives from entering into a fee agreement for helping with an initial VA claim. At Woods and Woods, sometimes we are able to help veterans file a VA disability application, and when we do it’s always free of charge. However, most veterans will wait to see if an initial claim is granted or denied before seeking representation from us or another accredited attorney, VSO, or claims agent. At that point we operate on a contingency basis, meaning our clients pay nothing if we don’t win the case. If we win an appeal, our fee is a percentage of the back pay awarded by the VA, plus case expenses. Here’s some additional information about that: www.woodslawyers.com/va-disability-lawyer-cost/?.com&Neil+TDIU+MISCON+23
According to the IRS, a 401k is considered passive income. Passive income does not count towards the TDIU income limit but earned income does. Any passive income is income you receive from an initial investment that you are not actively working for now. You can learn more about this here: www.woodslawyers.com/va-unemployability-income-limits/?.com&TDIUMythsNeil&CommentShare
You can insert the disk in your CD/DVD drive on your computer. Once it is inserted, there should be a dialogue window that opens up and you can open the files.
Filing an intent to file is not required when applying for VA disability benefits. However, filing an intent to file will create an earlier effective date than the date on your claim (as long as you file your claim within one year). When you file an intent to file, you may be able to get retroactive payments. Our firm helps veterans with denials and veterans who have never applied for VA benefits. You can reach us at 812-426-7200 or request a free case evaluation here: www.woodslawyers.com/contact/?.com&TDIUMythsNeil&CommentShare
I would like to apply for tdiu but I don't want ex employees to know. It would be too embarrassing. I am rated 50% for cognitive impairment and memory loss. I am 70% total. Is there a way to qualify without the whole world knowing about it?
You may wish to keep your VA compensation private; we will not ask you to make it public information. We would be happy to discuss this further with you to see if we can help. You can reach us at 800-544-2108, or you can request a free case evaluation here: www.woodslawyers.com/contact/?.com&TDIUMythsNeil&CommentShare
If you're the spouse, surviving spouse, dependent child, or family caregiver of a veteran, you may qualify for health care benefits. In certain cases, you may also qualify for health care benefits due to a disability related to your veteran's service. You can learn more about this here: www.va.gov/health-care/family-caregiver-benefits/
Great question. If your income increases above the poverty line, you may need to argue for the continuation of your TDIU benefits. Spouses and dependents alter the federal poverty level threshold, including if the spouse is employed. If your income is under the level noted for your situation, your TDIU rating should not change. The VA may review and reduce your benefits if it goes above the threshold. You can find the 2024 federal poverty levels here: www.healthcare.gov/glossary/federal-poverty-level-fpl/
I was trying to fight the VA on my own for 50 years I get out in 1970 how to Vietnam I was pretty sick but I had to work I couldn’t depend on the VA for anything kept telling me there was nothing wrong about three years ago, I tried to hire attorneys in Orlando Florida tonight for them. You guys are so smart they got the VA standing at attention. I got my money two years backpay within a year and a half. These guys are brilliant hire them.
I had a rating of 80% total back in 2018 with a 40% for lumbar discogenic disease plus 20% each leg for bilateral radiculopathy. Someone at the VA suggested to me that I should file for TDIU, so I did. Worse decision ever! They lower the ratings to 20% for my back condition and 10% for the bilateral radiculopathy. Then lower them back again when I filed for depression bc the chronic pain wasn’t letting me sleep well. I’m totally disappointed with the VA, especially when my lower back is not improving and now my cervical spine is being affected. 😢
I'm sorry to heat that. The VA can be frustrating to deal with. If there is anything we can do to help, please call us at 800-544-2108, or you can request a free case evaluation here: www.woodslawyers.com/contact/?.com&TDIUMythsNeil&CommentShare
I’m sorry that happened to you. I hope things have gotten better for you.
I injured myself in a training exercise. Discharged with a 0% rating. 30 years later O can't work because of my left knee. My VA patient advocate tells me to see the VBA. Within 90 days my rating went to 60%. 60 days later the VA (after sending me TDIU paperwork) awards me IU p/t....So , always be on it... not like me.
Hello there.. just saw an old benefits denial letter from a claim i filed the month that i ETS'd 8/2001 and it shows I was claim knee and back issues... I forget why it was denied, but most likely i didnt make the C&P appt is because the process was over a year at that time and I had already moved out of state.
OAN, I dont have my outpatient STRs only inpatient STRs because thats all national archives provided me... crazy part is VA is now saying I never complained about back pain in those days when clearly, I did. Maybe during those days they didnt have the, "you have up until 1 year to service connect injury rule"... I am still attempting to service connect with a nexus letter from a letter of intent filed 2/2023.... however, do you think that I can possibly win at the board of appeals to get the knees, back and dizziness back dated all the way to 8/2001? Your thoughts on that? My apologies on the length...
Thanks for your question. It's possible that your military records may be stored at the VA Records Management Center, which serves as the VA medical records department. You can try reaching out to them to see if they have the records you are looking for. We would be happy to see if we can help with this issue. You can reach us at 800-544-2108, or you can request a free case evaluation here: www.woodslawyers.com/contact/?.com&TDIUMythsNeil&CommentShare
I am on SSDI and am a 90% service connected veteran. I currently have 2 pending claims awaiting a decision. I am considering filing for TDIU once the 2 pending claims have been rated, if I don't hit 100% schedular. I am concerned that my SSDI may be offset (reduced) if I get approved for TDIU. Should I be worried or are the two entities separate and do not weigh against each other in payment determination?
That is a great question. Veterans can receive individual unemployability and Social Security disability simultaneously. The amount veterans receive in SSDI benefits isn’t reduced because of their VA benefits, so it can be beneficial to apply for both.
@@woodslawyersThank you for calming my fears and anxiety. 🙏
They say file for TDIU as early as you can but Woods § Woods has my case & boy are they taking their sweet time. They haven’t filed anything or preserved a date for back pay. I’m in limbo right now.
Every veteran's case is different. Our priority is achieving the best possible outcomes for our clients, and we carefully consider many factors before making decisions that will impact a client’s decision date. We encourage you to bring these questions and concerns to your case manager so they can further explain the specific case plan for your claim.
Thanks
I have a TDIU rating with my percentage of disability at 80% with P&T. I have multiple secondary issues due to primary disabilities; sleep, chronic and referred pain to other body parts, however, I'm not sure if it is worth trying to get these multiple secondary issue awarded if there is no benefit, as I'm getting the monitory amount of $3946, but is there a possibility for SSDI. Additionally, is there any benefit in getting 100% over TDIU as far as if I were to die and my spouse being left without any monitory amount she may receive?
Thanks for your question! TDIU pays the same amount as a 100% rating. In the event of a veteran's death, the spouse can apply for DIC benefits. You can learn more about DIC benefits here: www.woodslawyers.com/dic-benefits-for-widows/?.com&TDIUMythsNeil&CommentShare
You can also read more about the differences between 100% ratings and TDIU here: www.woodslawyers.com/difference-100-percent-rating-individual-unemployability/?.com&TDIUMythsNeil&CommentShare
SSDI is hard to get, it can take years just to get your first denial.
I'm self employed, basically just working behind my computer all day, but with my back issues I'm not able to work a regular...can hardly walk right now. Currently working on getting VA disability and I know I could qualify for ss disability. Is it possible for me to still keep working as self employed? Thinking I may need to form a corp or llc and pay myself through it? Appreciate your insight..thanks
It's hard to answer this question without knowing more details about your case. We would be happy to discuss this with you to see if we can help. You can reach us at 800-544-2108, or you can request a free case evaluation here: www.woodslawyers.com/contact/?.com&TDIUMythsNeil&CommentShare
If I got placed on TDIU and I work part time for my dad at his company. Do I inform the VA ? Is there a specific way? I don’t make much; it’s a tad bit above the poverty line. Thanks
Veterans receiving TDIU benefits have service-related medical conditions preventing them from maintaining substantially gainful employment. The VA defines substantially gainful employment as “employment at which non-disabled individuals earn their livelihood with earnings comparable to the particular occupation in the community where the veteran resides. It suggests a living wage.” If the employer is making special accommodations because of a veterans’ medical needs, the job would be considered sheltered or protected employment, which is not substantially gainful employment. If a veteran is employed in a sheltered work environment, they may still be considered for TDIU benefits, even if the job’s income is above the poverty line.
Is alimony, military retirement a social security (not ssdi) considered passive income? I am thinking about filing, but I think I might make too much taxable income. I am rated 80% with 60% being my highest rating out of the 80%, and unfortunately, I haven't been able to work for years...
Passive income is income you receive from an initial investment that you are not actively working for now. We would be happy to discuss your specific situation with you to see if we can help. You can reach us at 800-544-2108, or you can request a free case evaluation here: www.woodslawyers.com/contact/?.com&TDIUMythsNeil&CommentShare
Would you need any documentation for the Marginal/Protected work environment so it doesn't came back negatively or how would we document this?
Semper Fi
Give them a call it’s free , they did me very well !!
Collecting lay statements from employers and coworkers is key to making a strong case for TDIU benefits while a veteran is working in a protected environment.
This link has more information about what should be in one of these statements: www.woodslawyers.com/marginal-employment-sheltered-work-environments/?.com&Neil+TDIU+MISCON+23
What are your lawyer fees in helping a veteran submit a claim?
Attorneys and VSOs cannot charge a veteran for help filing an initial application for VA disability benefits. Federal law prohibits representatives from entering into a fee agreement for helping with an initial VA claim. At Woods and Woods, sometimes we are able to help veterans file a VA disability application, and when we do it’s always free of charge. However, most veterans will wait to see if an initial claim is granted or denied before seeking representation from us or another accredited attorney, VSO, or claims agent.
At that point we operate on a contingency basis, meaning our clients pay nothing if we don’t win the case. If we win an appeal, our fee is a percentage of the back pay awarded by the VA, plus case expenses.
Here’s some additional information about that: www.woodslawyers.com/va-disability-lawyer-cost/?.com&Neil+TDIU+MISCON+23
@@woodslawyerswhat is that percentage you charge on the back pay? Most charge 33% and more generous fees can go as low as 20%.
I think a 25% fee is fair.
Great video! Ty
What about 401k, is that passive income ...?
According to the IRS, a 401k is considered passive income. Passive income does not count towards the TDIU income limit but earned income does. Any passive income is income you receive from an initial investment that you are not actively working for now. You can learn more about this here: www.woodslawyers.com/va-unemployability-income-limits/?.com&TDIUMythsNeil&CommentShare
I received my military medical records in form of disk
How do read the records
You can insert the disk in your CD/DVD drive on your computer. Once it is inserted, there should be a dialogue window that opens up and you can open the files.
Hello, 2 questions. Do i have to file an intent to file before filing tdiu? And does your firm help file tdiu or only after a denial?
Filing an intent to file is not required when applying for VA disability benefits. However, filing an intent to file will create an earlier effective date than the date on your claim (as long as you file your claim within one year). When you file an intent to file, you may be able to get retroactive payments. Our firm helps veterans with denials and veterans who have never applied for VA benefits. You can reach us at 812-426-7200 or request a free case evaluation here: www.woodslawyers.com/contact/?.com&TDIUMythsNeil&CommentShare
I would like to apply for tdiu but I don't want ex employees to know. It would be too embarrassing. I am rated 50% for cognitive impairment and memory loss. I am 70% total.
Is there a way to qualify without the whole world knowing about it?
You may wish to keep your VA compensation private; we will not ask you to make it public information. We would be happy to discuss this further with you to see if we can help. You can reach us at 800-544-2108, or you can request a free case evaluation here: www.woodslawyers.com/contact/?.com&TDIUMythsNeil&CommentShare
👍💯
Can a spouse get medical insurance when a vet has TDIU? When a vet is 100% the spouse can get medical.
Are you referring to CHAMPVA benefits?
Can i collect 10 tears back on shelterd work ,my ain is TDIU
Can spouse of veteran with 100% TDIU get medical benefits?
If you're the spouse, surviving spouse, dependent child, or family caregiver of a veteran, you may qualify for health care benefits. In certain cases, you may also qualify for health care benefits due to a disability related to your veteran's service. You can learn more about this here: www.va.gov/health-care/family-caregiver-benefits/
I receive TDIU, can my Wife work without effecting my compensation?
Great question. If your income increases above the poverty line, you may need to argue for the continuation of your TDIU benefits. Spouses and dependents alter the federal poverty level threshold, including if the spouse is employed. If your income is under the level noted for your situation, your TDIU rating should not change. The VA may review and reduce your benefits if it goes above the threshold. You can find the 2024 federal poverty levels here: www.healthcare.gov/glossary/federal-poverty-level-fpl/
SSDI should be automatic for VA TDIU
I wish.