Common Reasons TDIU Claims Get Denied
- Schedular threshold not met: VA denied TDIU because the veteran’s combined rating didn’t meet the schedular requirements, without fully considering extraschedular TDIU.
- Unemployability not tied to service-connected conditions: VA attributed the inability to work to age, a non-service-connected condition, or voluntary retirement instead of the service-connected disabilities themselves.
- Work history misread: Sporadic, marginal, or accommodated employment was treated as substantially gainful employment when it wasn’t.
- Missing vocational evidence: The claim lacked a vocational assessment or lay statements connecting specific service-connected symptoms to the inability to maintain a job.
- Old or stalled appeals: Appeals that have been open for years without a final decision, or that keep bouncing back and forth at the Board of Veterans’ Appeals.
What Makes CCK Law Different?
Difficult appeals are what our team does.
- A former Veterans Law Judge is part of our team.
- Precedent: CCK Law has argued cases that set precedent affecting millions of veterans over 117 times.
- Federal court experience: When VA didn’t get the law right, we take it to federal court. CCK Law has represented over 18,000 veterans and dependents at the U.S. Court of Appeals for Veterans Claims, and files writs of mandamus when an appeal has stalled.
- Depth: Over 100 individuals at CCK Law are accredited by VA or admitted to practice before the Veterans Court, one of the largest and most experienced teams in veterans law.
- Track record: CCK Law has had favorable outcomes in 98.5 percent of its actions before VA and a 95 percent win rate before the U.S. Court of Appeals for Veterans Claims. Past results do not guarantee future outcomes.
- Compensation recovered: Over $1 billion for 36,000+ clients since 1999.
Benefits That Often Go With a TDIU Appeal
A free evaluation looks beyond the TDIU denial itself. For example:
- Special Monthly Compensation: Pays above the 100 percent rate for veterans who need aid and attendance, are housebound, or have certain combinations of disabilities, and can apply alongside TDIU.
- Underrated individual conditions: A TDIU denial often surfaces individual disability ratings that are themselves too low, which can be appealed at the same time.
- Secondary conditions: Chronic pain, depression, and other conditions caused or worsened by an already-service-connected disability are frequently the missing piece in an unemployability case.
- Effective dates and back pay: An earlier effective date can add years of retroactive benefits, and in an older appeal the effective date is often the most valuable issue in the file.
Don’t wait to appeal. Call (888) 298-5820 for a free evaluation.
WHAT TO EXPECT
Our Process
Every case is unique. At CCK, our clients benefit from our collaborative approach to practicing law. We work to ensure that every client gets the individualized care and attention they deserve.
Free Case Evaluation
We will gather information about your case
Assigning Your Dedicated Team
Each client has their own dedicated team of advocates who will be in close communication with you throughout your case.
Case Strategy & Implementation
Based on you unique circumstances, your team will work with you to formulate the strongest possible strategy for your case.
We're honored to make a difference in the lives of our clients.
... The client relations were exceptional in returning my calls timely. Encounters with all representatives were handled with the utmost professionalism. They explained all processes and procedures to keep me updated and involved with my case. Their knowledge of the law and the VA is beyond compare. Chisholm Chisholm & Kilpatrick LTD should be retained by all veterans seeking compensation. If I were to pursue VA compensation again, I would certainly retain the services of this firm.
Jackie R.
I would like to thank the law firm of Chisholm Chisholm & Kilpatrick for all their hard work of helping me to get my rating of 100% VA disability. Every time I was denied they fought for me. I am very pleased and have also referred some of my friends to this great law firm. I thank you so very much.
Larry P.
... Dealing with this organization was easy and professional. My case was handled by not one but a team of lawyers and team experts. They left no card unturned. They were at my disposal any time I contacted them, and they kept me updated all the time. I highly recommend them to all veterans no matter what your disability.
Harvey L.