Hey, veterans.
Travis Studdard, veterans disability attorney.
I want to follow up on a recent video series I did talking about TDIU benefits, and in
particular the video I'm talking about is do I have to already be service connected
to file for TDIU benefits?
In that video I told you that no, you don't already have to be service connected.
You can file for service connection and TDIU at the same time, but I want to follow up
and give a caveat to that, give you another warning that is a more full answer on that
particular situation.
Bear with me here.
This does get a little more complex and gets into the strategy involved in making a TDIU
claim, but again, the idea is this.
We talked about in another video series on the scheduler criteria for a TDIU claim, and
again, that's one disability at 60% or multiple disabilities combined to 70% or more.
That's the threshold criteria for scheduler consideration of TDIU benefits.
Let's walk through this scenario.
You're not already service connected, or you're service connected at a very low level for
a particular disability, say you're not service connected, or you're at 0, 10, 20% for that.
To get to that scheduler criteria, you've either got to get one of those up to 60 or,
again, combined 70 or more.
If you make your TDIU application at the same time you're seeking that large increase from,
again, 10, or 20, or none at all, up to 60 or 70 combined, VA may have a little bit of
a defensive strategy of their own here.
They don't like to grant TDIU benefits as a general proposition, in my opinion.
A smart rater may look at that and realize, if I grant 60% on this or if I grant 70 combined,
that triggers TDIU potentially.
Rather than getting into that whole situation, creating more work for myself and more monthly
compensation for this veteran, I'm going to kind of dial it back a little bit.
I'm going to rein in that ratings decision, and I'm going to assign a lower rating than
I think he or she otherwise may be entitled to.
You could be shooting yourself in the foot here.
You may get a lower rating, so it doesn't trigger that threshold criteria of 60 or 70
overall, which does two things.
One, it means you have a lower rating, right, lower than you otherwise should, but it also
means that you don't meet the scheduler criteria for the big prize of 100% TDIU benefits.
This is where the strategy comes in on your part.
If you clearly meet the criteria for that higher rating that triggers 60 or 70, then
maybe you go ahead and file for TDIU at the same time.
If it's debatable, or you're just not sure, or if it's a very subjective ratings criteria,
then perhaps you just file your increase, and then you don't explicitly claim TDIU at
that point, because again, we'll talk about in other videos ways that you may be able
to still sneak TDIU in there, even though you didn't file for it explicitly.
Keep that in mind.
If you're just not sure that you're going to get there from a low rating or no rating
at all, up to 60 or 70, question whether you want to take this all at once or you want
to take that in smaller bites of get your rating up, meet the threshold criteria, and
then shoot for TDIU at that point in time.
Again, can't say for sure without looking at your particular situation, but if you have
questions, reach out to us.
Like I said, this gets fairly complex.
You can find us on our website, WinYourVetClaim.com.
Lots of free information there.
We have a lot of other videos as well, and you can also, on our website, do a free consultation
request with us where we can look at your particular situation.
I hope that makes sense.
I know it gets a little complicated, a little complex in the strategy of it all, on your
part and VA's part, but anyway, check us out in our other videos as well.
Thank you for your time today.
Hope you have a great day.