Should I Quit My Job and File for VA TDIU Benefits?

Many veterans have one or more service-connected disabilities that make it very difficult to work.  Often, these veterans struggle to try to maintain a job despite these disabilities.  Many times, these veterans will end up quitting a job because they just cannot continue working.

Man sitting with back pain Can I receive TDIU benefits if I quit my job?

I talk to many veterans who ask me this question after quitting.  The short answer is that you can still qualify for TDIU benefits if you quit your job.  But, quitting your job could make it more difficult to get TDIU benefits.

I see many cases where veterans get fired because of issues associated with service-connected disabilities.  This often happens in the PTSD context when an individual has difficulty functioning in that particular work environment.  This can also happen with back injuries and other physical conditions when those conditions affect the veteran’s ability to perform a particular job.

Other times, veterans are not terminated by their employer.  Some employers try to be  rather understanding and accommodate veterans with service-connected disabilities, even though they may not be producing as much as other employees in the same position.

Sometimes, even though the employer does not end the employment relationship, the veteran simply cannot continue on working anymore.  Many veterans in this situation resign their position and then seek TDIU benefits because they cannot continue working.

What if VA denies my claim because I voluntarily quit my job?

I have seen situations where VA has denied a veteran’s TDIU claim on the basis that the veteran voluntarily quit their position with the employer.  Voluntarily quitting a position is not a disqualifying factor for TDIU.

All veterans needs to show for TDIU purposes is that they are unable to get or keep substantial gainful employment.  There is nothing in the TDIU standard that says it must be the employer’s choice to end the relationship.  If you’re denied by VA because you quit your position, then that’s something you would want to consider appealing.

This does not mean that you should choose to quit your job so that you can improve your chances of getting TDIU.  You will need to have good reasons for stopping your work.

Could the reason I gave for quitting my job affect my TDIU claim?

Many veterans do not always come totally clean with their employer when they resign from a job. Many times, when someone is leaving a position, they say one of the following things:

  • “I’m leaving for a better opportunity”
  • “I want to try something new”
  • “I’m retiring”

I have seen veterans who were simply unable to continue doing their jobs says all of these things.  These veterans had to hang it up. They could not keep continuing on in their work because of their service-connected disabilities.

But they did not have a conversation with their employer where they explained the real reason they were stopping working.  I understand that it can be difficult to have this honest conversation.  Many people do not want to because they do not have a very close relationship with that employer or that supervisor.  Other people do not feel like it is anybody else’s business sometimes.

There are a lot of disabilities that we do not want others to know about. Sometimes, veterans are embarrassed. They have been able to hide their depression, their PTSD, or other disability; and they do not want anyone that they work with to know about it.

Repairman knee pain What happens when the veteran then files for TDIU benefits?

VA will contact that employer.  One of the questions that VA will ask is why the employment ended.

If you did not give your employer a reason to connect the end of your employment with your service connected disabilities, then your employer will have no real basis for saying that you quitting is related to your service-connected disabilities.  That may certainly hurt you in trying to prove TDIU.

If you lead your employer down a different path and do not giving them an honest reason for why you are leaving, then that can come back later and hurt you in your VA disability claim.  So, it is usually best to be as open and honest as you can with your employer about the reasons you are having to stop working. Give them specifics about why you re not longer able to continue working

There may be situations where an employer values you so much and has some flexibility. They may be able to accommodate you. They may be able to modify your position with the company so that you’re able to continue working.  If this happens, there are obviously huge benefits to you from a financial standpoint if you can continue on with your employment and still receive some form of VA disability benefits, even if it’s not TDIU.

Should I quit my job and file for TDIU?

That depends.  If you can continue doing your job, you will probably want to keep doing that.  I would not suggest that you quit a job you can perform to try to improve your chances of qualifying for TDIU.

TDIU is a very difficult and complicated type of VA disability claim.  Many veterans find themselves in a position where they cannot obtain and maintain employment because of their service-connected disabilities.  But, if you can keep working at a job you can perform, you probably should keep doing that.

Travis Studdard is an attorney who focuses on representing veterans in VA disability compensation claims.  He regularly writes about issues that are important to veterans and their families.

You can subscribe to his Veterans Disability channel on YouTube.

Jessica, Travis, and his team are nothing short of angels. I was not making progress, so I spent 6 months researching law firms. I'm beyond grateful that they took the time to help me and I'm confident that no other firm could have gotten the same results. The process was the most difficult and mentally defeating experience of my life, but they took 100% of the bourdon off of my shoulders. They communicated every step of the long and overly complicated process. I'm forever indebted to these people and I will never forget them. Every Christmas I pause to think about my guys who didn't make it home, and I'll keep this team in my thoughts during those hard times. I know it's difficult, but there are people like Travis and his team out there willing and able to help. To the warriors, keep your head up and stay in the fight.Michael
I can’t say enough wonderful things about Travis, and Jessica at Perkins Studdard! They went above and beyond for me and did everything they could to help. Their kindness, professionalism, patience, and genuine care truly meant a lot to me. I’m incredibly grateful for everything they did and the way they treated me. I highly recommend Travis and Jessica at Perkins Studdard to anyone looking for people who genuinely care about their customers. Thank you both for everything!Joe Tarno
They got me over $100,000 in back pay. Got me to 100% P&T.James Powell
I initially started my workers’ compensation case with another attorney. Although he was a good attorney, I eventually realized that I needed a different level of communication and support throughout my case. After searching online, I came across Jason Perkins and decided to give him a try. I can truly say that I have not regretted that decision. One of the things I appreciated most about Jason and his team was how responsive and communicative they were. Having an attorney who kept me informed was extremely important to me. I never felt like I had to constantly call and ask what was happening with my case or where things stood. Whenever there was movement or an important update, Jason and his team made sure I knew about it. I always felt informed and included throughout the process. Jason was also straightforward with me and consistently gave me what he believed was the best advice for my situation. My case was a lengthy process, but having an attorney I trusted and knowing that my case was being handled properly made that process much easier to get through. I never felt like I was just another case or that I was being left in the dark. Looking back, I am very glad that I made the decision to switch attorneys and work with Jason Perkins. He and his team gave me the communication, guidance, and reassurance I needed throughout a very long process. I would absolutely recommend Jason to anyone looking for a workers’ compensation attorney who will communicate with you, keep you informed, and genuinely work to get the best possible outcome for your case.Christina Barrett
Jason did a great job very fast and efficient got me a bankroll in less than 30 days i highly recommendReality Rap
OMG, I wish I could articulate how Fantastic (5 stars) my experiences have been having Travis Studdard represent me over the years. He is amazing at what he does and he has done so much for me I can never thank him enough. Jessica is also Fantastic and always responds expeditiously. I highly recommend Perkins Studdard LLC to represent you!! Thank you for all your fantastic work representing me, I sincerely, appreciate it!!keith morrow
Jessica and Travis listened and worked very hard getting us a really great disability payment. Thank you so much for listening and every month we appreciate your time and energy. Thanks againJeannie Brown
Working with Jason was an absolute pleasure if I had any questions or concerns they were right there with the right answers I would recommend Perkins and Studdard to anyoneRickey
I recently needed a lawyer for a Workers Compensation Inj. The Dr. I saw ordered back surgery. The company declined to approve the surgery. So i went to the Law firm of Perkins & Studdard, as they were highly recommended…Mr. Studdard is a Veterans Affairs Lawyer. Mr. Perkins & his staff handled my case… every person in the firm were nice, helpful, and showed empathy for my situation. Mr. Perkins is very thorough & at the same time worked diligently for me. He got me compensated fairly. If not for this Law firm im not sure what i would’ve done. Thankfully they lowered my stress and communicated regularly. If you need help with an injury etc… Perkins & Studdard is who I highly recommend!!!tim copley
After my VA claim was denied, I felt defeated, depressed, and overwhelmed. I spent a lot of time researching different agencies, only to find that many of them made promises they couldn't back up and were not properly accredited. I decided to give Perkins Studdard LLC a chance because they were accredited, and it turned out to be one of the best decisions I've ever made. From the very beginning, Jessica, Travis, and the entire team were professional, knowledgeable, and genuinely committed to helping me navigate the VA claims and appeals process. Their guidance, communication, and dedication made a difficult process much easier to manage. Thanks to their hard work and expertise, I finally received the benefits I had been fighting for. I highly recommend Perkins Studdard LLC to any veteran seeking assistance with a VA claim or appeal. Don't waste your time elsewhere—this team truly cares and delivers outstanding service.nelson figueroa

Related Posts

Contrast:

Font Size: