Using Social Security Disability Decisions in VA Claims for Total Disability based on Individual Unemployability (TDIU)
Oftentimes, there are overlaps between VA clients and Social Security disability clients, especially where the issue of Total Disability based on Individual Unemployability (“TDIU”) is at play. If your service-connected impairments prevent you from working, but are not rated at 100%, VA may pay you at the 100% rate. In many cases, people with TDIU claims will be receiving Social Security disability benefits. The VA has an obligation to obtain all records from Social Security that were used to determine eligibility for benefits. These records can be helpful in a claim for TDIU. I always try to look for 3 major things in a Social Security file:
What were the severe impairments used to find the Veteran disabled for purposes of Social Security?