What Is TDIU for Veterans?

Veterans who have a severe service-connected disability or multiple disabilities may qualify for Total Disability based on Individual Unemployability (TDIU). This program allows qualifying disabled veterans to obtain VA disability benefits at the 100 percent disability rate, even if a veteran has a lower disability rating. 

What Is TDIU?

TDIU allows veterans with specific service-connected disabilities to obtain monthly disability compensation at the 100 percent disability rate even if the veteran has a disability rating below 100 percent. Instead of focusing solely on disability rating, TDIU also considers whether a veteran’s service-connected disability prevents them from securing or maintaining stable employment. When a veteran qualifies for TDIU, they can receive disability compensation at the 100 percent rate and potentially access other VA benefits granted to veterans with 100 percent disability ratings. However, TDIU does not change a veteran’s disability rating to 100 percent; it merely grants them access to benefits conferred upon veterans with 100 percent disability ratings. 

Eligibility Criteria for TDIU

A veteran may qualify for TDIU if they meet specific eligibility criteria. First, a veteran must establish that they cannot hold a steady job that provides substantial gainful employment due to one or more of the veteran’s service-connected conditions. However, a veteran can accept occasional odd jobs and still qualify for TDIU. Furthermore, a veteran must meet one of two disability rating qualifications:

• The veteran has at least one service-connected disability with a rating of 60 percent or more
• The veteran has two or more service-connected disabilities, with at least one disability rated at 40 percent or more and a combined disability rating of 70 percent or more. 

The VA may consider a veteran’s education, work history, and functional limitations in determining whether they still can engage in substantial gainful employment. 

The TDIU Application Process

A veteran who has had their VA disability benefits application approved can later apply for TDIU by filing VA Form 21-8940: Application for Increased Compensation Based on Unemployability and VA Form: 21-4192: Request for Employment Information in Connection with Claim for Disability Benefits. An application for TDIU status will require a veteran to provide medical evidence showing that the veteran’s service-connected disability prevents them from holding steady employment. Common types of evidence used for TDIU applications include:

• Medical records
• Doctor’s reports
• Medical test results
• Vocational assessments

The VA will also review the veteran’s educational and work history in conjunction with the medical evidence to assess the veteran’s remaining vocational capacity. 

Common Challenges and Mistakes

Veterans can face various challenges when applying for TDIU, including difficulties in proving to the VA that their service-connected condition(s) render them incapable of holding a steady job. The VA may determine that a veteran’s physical condition, education, and work history enable them to hold various light-duty jobs. Common mistakes that veterans make in applications for TDIU benefits include:

• Failing to complete the required application forms or putting inconsistent information on application forms
• Submitting insufficient medical evidence to link a veteran’s unemployment to their service-connected condition(s)
• Not responding to the VA’s request for additional information 
• Not obtaining letters or expert reports to explain how a veteran’s condition renders them unable to work in a steady job
• Not appealing the VA’s denial of a TDIU application
• Not consulting a VA disability attorney after receiving a denial notice to review legal options

Contact a VA Disability Benefits Lawyer Today

When you cannot work due to your service-connected disabilities, you may qualify for TDIU, which can provide you with enhanced VA disability benefits. Contact Veterans Benefits Law Group today for a free, no-obligation consultation with a VA disability attorney to learn more about TDIU and how it might apply to your benefits claim.