Veterans Disability Claims

Timelines vary by claim type and complexity. An initial VA disability claim typically takes 3 to 6 months from filing to a rating decision, though contested or medically complex claims can take longer. If the initial decision is unfavorable, a Higher-Level Review generally takes an additional 4 to 6 months, and a Supplemental Claim runs a similar length. Appeals to the Board of Veterans' Appeals (BVA) currently average 1 to 2 years from Notice of Disagreement to decision, and federal appeals to the U.S. Court of Appeals for Veterans Claims (CAVC) can add a year or more on top. Retroactive benefits generally accrue back to the original claim date, so a slow process does not usually reduce total benefits owed, but it does affect when veterans see the money.

Individual Unemployability, commonly called TDIU (Total Disability Individual Unemployability), is a VA rating that pays a veteran at the 100% disability compensation rate even when the underlying service-connected disabilities do not add up to a 100% schedular rating. To qualify, a veteran must be unable to secure or maintain substantially gainful employment because of one or more service-connected conditions, and must generally meet threshold ratings: typically one condition rated at 60% or higher, or two or more conditions with a combined rating of 70% or higher with at least one at 40% or higher. Even veterans who do not meet the threshold can pursue "extraschedular" TDIU in appropriate circumstances. TDIU is often the single biggest financial difference a VA claim can make, and it is frequently overlooked or denied at the initial rating stage.