First, understand that TDIU can provide VA disability compensation at the 100% rate even when a veteran’s regular disability rating is less than 100%. TDIU stands for Total Disability based on Individual Unemployability.
The key issue is employment. If your service-connected disabilities prevent you from securing or following substantially gainful employment, you may qualify for TDIU. Your individual circumstances, work history, education, and the effects of your disabilities all matter.
What Is TDIU?
TDIU is a VA disability benefit for veterans whose service-connected disabilities make it difficult or impossible to maintain substantially gainful employment.
For example, a veteran may have a 70% VA disability rating but be unable to work because of the limitations caused by those service-connected conditions. If the veteran meets the other requirements, TDIU may allow VA compensation to be paid at the 100% rate.
TDIU does not change the underlying disability rating to 100%. Instead, it changes the amount of monthly compensation paid.
Who Qualifies For TDIU?
TDIU eligibility has two main parts. First, the veteran must have service-connected disabilities that meet certain rating requirements. Second, those disabilities must prevent the veteran from securing or following substantially gainful employment.
Generally, a veteran meets the rating requirements if there is one service-connected disability rated at 60% or more. A veteran may also qualify with two or more service-connected disabilities if at least one is rated at 40% or more and the combined rating is 70% or more.
There are rules for determining whether certain disabilities can be treated as one disability for these percentage requirements. For example, the VA may consider disabilities resulting from a common cause together.
However, meeting the percentage requirements does not automatically establish TDIU. The evidence must still show that the service-connected disabilities prevent substantially gainful employment.
What Does VA Consider When Deciding TDIU?
The VA looks at whether your service-connected disabilities keep you from obtaining or maintaining substantially gainful employment. Medical evidence can be important, but it is not the only evidence that matters.
Your employment history and education are also relevant. Evidence about your previous work, the type of work you performed, and the limitations caused by your service-connected conditions can help explain why you cannot maintain substantially gainful employment.
Marginal employment generally does not count as substantially gainful employment. VA regulations also recognize that employment in a protected environment, such as certain family businesses or sheltered workshops, may qualify as marginal employment depending on the circumstances
Can You Work And Still Receive TDIU?
Yes, but the type and amount of work matter.
TDIU does not mean that a veteran can never work again. VA considers whether the veteran can secure or follow substantially gainful employment. The rules treat marginal employment differently.
If you are receiving TDIU and your employment or income changes, you may have to provide information to the VA about your employment status. VA currently uses wage information and may ask a veteran to verify employment status if the available information raises questions about continued eligibility.
How Do You Apply For TDIU?
VA uses specific forms for TDIU claims. The main form is VA Form 21-8940, Veteran’s Application for Increased Compensation Based on Unemployability. VA also uses Form 21-4192, Request for Employment Information in Connection with Claim for Disability Benefits.
Your evidence should explain how your service-connected disabilities affect your ability to work. Medical records can be important, but your employment and education history can matter as well.
If you do not meet the usual percentage requirements, that does not necessarily end the inquiry. VA regulations allow for consideration of TDIU on an extraschedular basis when a veteran is unable to secure or follow substantially gainful employment because of service-connected disabilities.
How Can A VA Disability Attorney Help?
TDIU claims can involve more than simply checking your VA disability percentages. The connection between your service-connected disabilities and your ability to work must be supported by the evidence.
The best course is to have your situation reviewed before you file if you are unsure whether TDIU applies to you. An experienced VA disability attorney can review your ratings, medical evidence, work history, and the reasons you stopped working.
Let Herren Law Help With TDIU
Herren Law has represented people seeking disability benefits for more than 30 years. If you have questions about TDIU, contact Herren Law for a free evaluation and guidance on next steps. Call us at 1-800-LAW (529)-7707 ((713) 929- 2657 in the Houston area), or contact us online to schedule your consultation.
