How to Apply
TDIYou Incorporated does not provide expert legal advice, nor is it intended to dissuade any parties from seeking expert legal advice. The following information is intended to assist Veteran's who have decided to apply for TDIU benefits themselves without paid legal advice. There is no guarantee that these steps will get specific results. Examples in these materials are not to be interpreted as a promise or guarantee. Success in attaining TDIU benefits is not guaranteed. Please see the full Legal Disclaimer.
1. Obtain your Veterans Administration C-File by submitting VA Form 3288 – Request for and Consent to Release of Information From Individual’s Records to the VA Regional Office.
a. The C-File contains all the documents the VA currently has on record (e.g., DD-214, Medical Records, Rating Decisions & Code Sheets, Compensation & Pension Exams, Benefit Applications, Disability Benefit Questionnaires, Statements in Support of Claim, Denial Letters, and Appeals)
b. The Vocational Expert must review the entire C-File as part of performing the vocational evaluation to determine the Veteran’s employability/unemployability.
2. Once received, review the VA C-File to determine if any pertinent records are missing that would support your TDIU claim and then take the steps needed to obtain them, for example:
a. Medical records and evaluations from providers outside the VA system
b. Social Security Disability Insurance (SSI/SSDI) award letters
c. Short and/or Long-Term Disability Insurance records
d. Workers Compensation Insurance records
e. State Vocational Rehabilitation Agency records
f. Past employer termination and/or disciplinary action letters
g. Written Buddy or Witness Statements (e.g., family, friends, former coworkers & supervisors, etc.) that support your TDIU claim.
3. Contract a Vocational Expert to perform an independent and objective Vocational Evaluation of your employability. This may be the key piece of non-medical record evidence to support why the Veteran is unable to secure and maintain substantially gainful employment.
a. The Vocational Expert will perform a comprehensive vocational evaluation that should include the following:
I. A review of the entire C-File
II. An interview with the veteran to obtain the: education, training, and employment history; medical history and the functional limitations associated with the service-connected disabilities. It may be appropriate for the vocational expert to perform Vocational Testing as a means to gather additional evidence needed to formulate a professional opinion.
III. A Transferable Skills Analysis to determine if the Veteran’s acquired skills would transfer to other occupations within their functional abilities and that would pay the Veteran a substantially gainful wage.
IV. A concluding opinion regarding the Veterans ability or inability to secure and maintain substantially gainful employment that exists in the labor market.
4. Download and complete the following two VA Forms:
a. VA Form 21-8940 – Veteran’s Application for Increased Compensation Based on Unemployability
b. VA Form 21-4192 - Request for Employment Information in Connection with Claim for Disability Benefits
5. Officially apply for TDIU benefits by submitting your completed forms and all the additional evidence gathered (e.g., medical records, vocational expert report, witness statements, etc.) to the VA via any of the following methods:
a. Online via the VA’s website for disability compensation application
b. In person at your regional VA benefits office
c. By Mail to:
Department of Veterans Affairs
Claims Intake Center
PO Box 4444
Janesville, WI 53547-4444