VA Exams After TDIU: What They’re Really Looking For
Why Does the VA Schedule New Exams After You Apply for Individual Unemployability (TDIU)?
Total Disability Individual Unemployability (TDIU), commonly referred to as unemployability, is a vital VA benefit for veterans who are unable to maintain substantially gainful employment due to their service-connected disabilities. Qualifying for TDIU allows eligible veterans to be compensated at the 100% disability rate, regardless of their actual combined VA disability rating. Understanding why the Department of Veterans Affairs (VA) frequently schedules new Compensation & Pension (C&P) exams after a veteran applies for TDIU is crucial for anyone navigating this process.
Watch the video:
What Triggers These Exams?
When a veteran files for TDIU, often through VA Form 21-8940, the application requires a declaration of which service-connected disabilities are contributing to the inability to work. The VA treats this filing as an increased rating claim for each listed condition. As a result, the VA will typically schedule C&P exams for every disability mentioned in the application to reassess their current severity and impact.
VA’s Two Main Objectives in Post-TDIU Exams
- Reassessment of Severity: The VA uses these exams to determine if any service-connected condition has changed, for better or worse, since the last evaluation. While the goal is to ensure the rating remains accurate, there is a real risk that a condition could be deemed improved, potentially resulting in a reduced rating. This is a significant concern for many veterans and highlights the importance of preparing thoroughly before the exams.
- Evaluation of Occupational Impact: The VA examiner must gather detailed evidence on how each service-connected condition affects occupational functioning. The information collected helps the VA decide whether these disabilities, alone or in combination, render the veteran unable to secure or follow substantially gainful employment.
Schedule a free consultation with our VA-accredited team - https://calendly.com/vetlawoffice
How to Protect Your VA Disability Ratings and Strengthen Your TDIU Claim
- Review Each Service-Connected Condition: List all your service-connected disabilities and check their corresponding diagnostic codes and rating criteria. Compare your current symptoms with the criteria required to maintain your existing ratings.
- Strategically Complete VA Form 21-8940: Only include conditions that currently meet the criteria for their rating or that clearly contribute to your unemployability. Removing a condition from the application due to fear of reduction should only be done after consulting an accredited representative, as it may affect your eligibility for TDIU.
- Gather Supporting Documentation: Collect recent medical evidence, lay statements, and buddy letters that support the severity and occupational impact of your service-connected conditions. Endorse all applicable symptoms and demonstrate how these limit your ability to perform work duties.
- Prepare for Your C&P Exam: During the examination, be thorough and candid. Clearly describe all applicable symptoms and explain specific ways your conditions limit your work capacity - for example, "unable to stand for more than 10 minutes," "cannot lift over 15 pounds," or "unable to concentrate due to mental health symptoms." The examiner will document what you report, so preparation is key.
What If the VA Attempts to Reduce Your Rating?
It is not uncommon for the VA to propose a reduction after these exams if they believe your disability has improved. If this happens, prompt action is required to contest the reduction by submitting new medical evidence or expert opinions to support the ongoing severity of your condition.
Key Tips for a Successful TDIU Claim
Focus on your service-connected disabilities and document how each uniquely affects your ability to work. Be honest and specific during your exam; give details rather than general statements. Submit all supporting documentation, including lay and expert statements. Seek help from a VA-accredited attorney or representative, particularly if complex reductions are involved.
Navigating the VA’s process for TDIU claims involves more than just submitting a form—it requires understanding why the VA schedules additional exams, what information is being sought, and how to best protect your interests. Success hinges on proactive preparation, comprehensive documentation, and a clear presentation of the impact your service-connected conditions have on employment. If uncertainty arises, or if you encounter claim denials or rating reductions, seeking support from qualified professionals can ensure you put forward the strongest possible case for your TDIU benefits. Schedule a free consultation with our VA-accredited team - https://calendly.com/vetlawoffice