Understanding TDIU: How Veterans Can Qualify for Total Disability Benefits Without a 100% Rating
For many people, suffering an injury that makes it impossible to work requires getting a 100% rating, meaning your doctor and Social Security agree that you do not have the physical ability to work. For veterans, it may be possible to secure total disability benefits without a 100% rating. Understanding Total Disability based on Individual Unemployability (TDIU) is an important factor.
At the VA Claims Lawyer, we can help you determine if this applies to your situation and what you need to know to recover full benefits owed to you. We serve clients in all 50 states and offer a free case review. Just reach out to us now.
What Is TDIU?
Total Disability based on Individual Unemployability is a term for a Veterans Affairs (VA) disability benefit. With this acknowledgement, you will receive the 100% disability compensation rate and have access to healthcare.
With TDIU, veterans who are unable to work due to a service-connected disability can receive a full 100% VA disability rating, even if their combined rating is less than 100%. In most situations, this opens the door for significantly higher benefits. TDIU is awarded in situations where you are unable to secure or maintain substantially gainful employment, even if your scheduler ratings do not equal 100%.
Eligibility Requirements
The VA TDIU eligibility requirements can be confusing, making it beneficial to seek legal guidance before applying, especially if you have been denied. The VA schedular rating is based on the degree to which your disability impairs your ability to earn an average income in civilian life. A list of medical conditions with specific criteria is applicable, corresponding to a disability percentage that ranges from 0% to 100%. An extraschedular rating is assigned when the disability is unusual or severe, and the standard rating criteria are not applicable.
Scheduled TDIU requirements are as follows:
You have 1 service-connected disability that has a rating of at least 60% disabling OR
You have more than one service-connected disability with one condition rated at least 40% and a combined rating of at least 70%.
In the second situation, the VA disability at a 100% rate applies even if you do not have a full 100%.
What Counts as “Substantially Gainful Employment?”
TDIU eligibility hinges on your ability to work and earn substantially gainful employment. This is defined as a job that pays a competitive wage, comparable to that of non-disabled individuals within the same community. In short, if you are not earning what others in your community are earning within your job field or skillset, you may not meet the substantially gainful employment requirement.
Consider a few key elements of this process:
Poverty threshold: Employment earnings that are at or below the US Federal poverty threshold for a single person are considered marginal employment, not substantially gainful employment. That is, if you are working but you are unable to work enough, you are not disqualified from TDIU.
Protected work environments: If you are in a protected employment setting, you may qualify for TDIU if you are working full-time and earning above the poverty level. This includes factors such as flexible scheduling, unlimited time off for medical needs, or reduced productivity expectations.
A case-by-case evaluation is often necessary to determine your service-connected disability and employment qualifications. We highly recommend working with a veterans disability attorney if you believe you qualify.
Evidence Needed to Support a TDIU Claim
You can learn more about how to get TDIU during an appointment with your attorney. However, some of the most common types of evidence needed include:
Medical records
Vocational expert reports
Statements from former employers
Personal statements
Showing a direct connection between your inability to work and a service-connected disability is paramount. This is what can help you obtain the 100% VA disability rate that you deserve.
Filing a TDIU Claim or Appeal
To obtain these benefits, you will need to file VA Form 21-8940 (Veterans Application for Increased Compensation Based on Unemployability). The form itself is not complex, but it does require very specific and accurate information. If you do not supply the right type and level of information, or you make a mistake, you could be denied compensation owed to you.
During the application process, avoid any conflicting information. Provide accurate details of diagnoses based on what your medical records indicate. If you have questions about your conditions or your medical records, ask your doctor first.
TDIU and Other VA Benefits
There are several ways that your TDIU will impact your benefits:
You could have better access to healthcare with no copays and more access to services
Special monthly compensation may apply in situations where there are dependent children or parents
Concurrent Social Security benefits may be available
To determine what applies in your situation, speak to our veterans disability attorney.
When to Get Legal Help
If you have a service-connected disability and employment inability, we strongly encourage you to speak to our legal team before moving forward. Even if you are unsure whether you are eligible for TDIU, our legal team can offer insight into your rights. Your lawyer will gather evidence, navigate appeals, and increase approval opportunities. Contact the VA Claims Lawyer now for a free case review.
FAQs About TDIU Benefits
How does TDIU affect dependent benefits?
Once you receive TDIU, the VA will treat you in the same way as anyone else with 100% disability. That means dependents may be eligible for additional monthly compensation, and your disability increases based on the number of dependents you have.
What is the difference between TDIU and a 100% VA rating?
A 100% VA rating is not always awarded. However, if you qualify for TDIU, veterans who cannot work because of their disability but do not have disabilities that reach 100% can still achieve the same compensation level.
What is extraschedular TDIU?
Extra-schedular TDIU is a recognition that your disabilities significantly affect your work life. You will need to show how the usual disability rating does not work for your situation and how your disability makes work more challenging for you.
