TDIU Claims Guide 2026 Edition: From Eligibility to Back Pay and Appeals

Описание: Total disability based on individual unemployability allows certain veterans to receive compensation at the 100 percent disability rate when service-connected conditions prevent substantially gainful employment. Join us as CCK Law partners Emma Peterson and Christine Clemens break down how TDIU eligibility is determined under VA regulations, income limits, protected work environments, effective dates, evidence veterans should gather, and more. They also address recent legal developments, common VA errors, and practical considerations that may affect entitlement, permanence, and back pay. A segment from CCK Law's Veterans Legal Lowdown Podcast!

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0:00 Introduction to TDIU and 100% Compensation Rates
1:12 Monthly Payment Increases for 2025 and 2026
2:15 Current Debates and the Importance of the TDIU Benefit
4:13 Eligibility Requirements and Substantially Gainful Employment
5:56 Why Age and Retirement Don't Stop Your Claim
6:23 The Schedular Path: Understanding 38 CFR 4.16A
7:51 The Extraschedular Path: New Rules from Witkowski v. Collins
10:54 Marginal Employment and Federal Poverty Thresholds
13:10 Working in a Protected Work Environment
17:20 Proving Unemployability: The Ray v. Wilkie Functional Test
19:35 Types of Evidence and Vocational Expert Opinions
22:18 How to File: Using VA Form 21-8940 Correctively
24:47 Effective Dates and Avoiding Lost Back Pay
27:30 FAQ: Self-Employment, Permanency, and Reductions