TDIU VA Benefits: Who Qualifies and Why Claims Get Denied

For veterans living with disabilities related to their military service, which prevent them from finding and maintaining gainful employment, the Total Disability Individual Unemployability (TDIU) program can provide critical financial assistance. Despite being eligible for these benefits, many veterans experience claim denials, leaving them struggling to make ends meet. It is essential for these veterans to understand who is eligible for TDIU benefits and why their claims are being denied, in order to seek compensation they rightfully deserve.

What Are TDIU Benefits?

TDIU benefits allow veterans to receive full compensation for their disabilities, even if their total disability rating is less than 100%. This is according to 38 CFR § 4.16, which states that veterans whose service-related disabilities prevent them from finding or maintaining gainful employment may be eligible for this additional compensation.

The VA acknowledges that disabilities do not always fit neatly into numerical ratings. A veteran with a 70% disability rating for PTSD may be as disabled as someone with a 100% rating due to multiple physical conditions. The TDIU program recognizes the real-world impact of service-connected disabilities on a person’s ability to work.

Who Qualifies for TDIU?

Veterans must meet specific criteria outlined in 38 USC § 1155 in order to qualify for TDIU benefits. There are two main paths to eligibility:

For Schedular TDIU, veterans must have:

• One service-connected disability rated at 60% or higher, or
• Two or more service-connected disabilities, with at least one rated at 40% or more, and a combined rating of 70% or higher.

Extraschedular TDIU is applied when veterans do not meet the scheduled requirements, but can demonstrate that their service-related disabilities still prevent them from maintaining substantial gainful employment. 

In addition to the rating requirements, veterans must provide evidence that they are unable to maintain substantial gainful work due to their service-connected conditions. The Department of Veterans Affairs generally defines substantial employment as work that exceeds the federal poverty level for a single person.

Common Reasons TDIU Claims Get Denied

Understanding why TDIU applications fail can help veterans avoid these mistakes and increase their chances of success.

Insufficient Medical Evidence

The most common reason for denying disability benefits is a lack of medical evidence linking a veteran’s condition with their inability to work. Veterans must provide comprehensive documentation clearly showing how their service-related conditions prevent them from performing work duties. General statements about disability are not enough – the VA requires detailed information on functional limitations.

Employment History Issues

The VA carefully examines the work history of veterans. If a veteran has worked after the onset of their disability, the VA may argue that they are capable of finding substantial employment. However, the M21-1 Adjudication Procedures Manual acknowledges that marginal employment or protected working conditions do not necessarily disqualify a veteran from TDIU benefits.

Age and Education Factors Not Properly Addressed

Under 38 CFR § 4.19, the VA should take into account factors such as age, education, and work experience when assessing a person’s employability. Claims may be denied if these crucial factors are not adequately documented or if the VA does not give them proper weight.

Incomplete VA Form 21-8940

The application form can be challenging. VA Form 21-8940 requires detailed information about your employment history, education, and how your disabilities affect your daily life. Incomplete or unclear responses often lead to denials.

How Veterans Benefits Law Group Can Help

At Veterans Benefits Law Group, PLLC, we understand the challenges of denied claims. With our combined 45 years of experience assisting veterans across the country, our attorneys are well-equipped to build strong TDIU cases that effectively address the concerns of the VA.

We actively fight for the rights of those who have bravely served us by:

• Collecting comprehensive medical records that clearly demonstrate disability
• Obtaining supportive statements from medical professionals
• Addressing employment history with proper context
• Ensuring that all necessary procedures are followed
• Challenging denials with legal arguments

Don’t let misunderstandings stand between you and the benefits you have earned. Contact us today to schedule a free consultation. Our experienced legal team is here to help you navigate the complexities and ensure that you receive the TDIU benefits you deserve.