Veterans Disability Lawyer
TDIU
Total Disability based on Individual Unemployability (TDIU)
VA compensation at the 100% rate may be possible- even if your rating is less than 100%.
VA Individual Unemployability may provide compensation at the 100% Rate
Total Disability Based on Individual Unemployability, commonly called TDIU or VA Individual Unemployability, is a VA disability benefit for Veterans whose service-connected disabilities prevent them from maintaining substantially gainful employment.
TDIU is different from a 100% schedular VA disability rating. A Veteran may have a combined rating below 100% and still potentially receive compensation at the 100% rate if the requirements for TDIU are met.
Am I eligible for this benefit from VA?
01 / ONE DISABILITY
60% or Higher
02 / MULTIPLE DISABILITIES
70% Combined
03 / EXCEPTIONAL CASES
Other VA Consideration
How TDIU can be achieved
Medical Limitations
Employment Impact
Work & Education History
Could your service connected disabilities be keeping you from working?
The key question in a TDIU claim is whether your service-connected disabilities prevent you from securing or following substantially gainful employment. RLGVA can help you understand the issues involved in your case.
The TDIU Application Process
Review Your Ratings
Identify your service-connected conditions, current VA ratings, and how they affect your functioning.
Document Employment
Gather information about work history, job duties, education, training, and employment difficulties.
Complete the Application
VA Form 21-8940 is used for a Veteran's application for increased compensation based on unemployability.
Submit Evidence
Medical records, opinions, employment information, and statements may support the claim.
VA Reviews the Claim
VA Attorney may request additional information or schedule an examination as part of its review.
Review the Decision
If the claim is denied or the decision is unfavorable, review and appeal options may be available.
What evidence can support a TDIU Claim?
The right evidence can help demonstrate how your service-connected disabilities affect your ability to work. Depending on your circumstances, important evidence may include:
VA and private medical records, treatment history, and medical opinions can document the severity of your conditions and explain how your service-connected disabilities limit your physical or mental ability to work.
Work history, job duties, earnings, attendance, accommodations, education, training, and vocational experience can help establish how your disabilities affect your ability to secure or maintain substantially gainful employment.
Statements from you, family members, coworkers, supervisors, or others familiar with your limitations can provide valuable context about your daily and workplace challenges. Other relevant records may further support your TDIU claim.
Common TDIU Challenges and Mistakes
01
Not Explaining Work Limitations
02
Focusing Only on Your Rating
03
Incomplete Employment History
04
Insufficient Evidence
05
Ignoring Combined Effects
06
Giving Up After a Denial
How a VA Disability Benefits Lawyer Can Help
TDIU claims can involve disability ratings, medical evidence, employment records, VA forms, and complex questions about your ability to work.
We review your current VA disability ratings, service-connected conditions, and employment circumstances to determine whether TDIU may be an option.
We help identify the key eligibility requirements and potential issues that may affect your claim.
We examine medical records, work history, job duties, and other relevant evidence that may support your TDIU claim.
Our goal is to understand how your service-connected disabilities affect your ability to maintain substantially gainful employment.
If your TDIU claim has been denied or the decision does not fully address the evidence, we can review the decision for potential issues.
We look at the applicable VA rules, evidence, and reasoning used in the decision to help identify potential next steps.
RLGVA assists Veterans with VA disability claims and appeals involving service-connected disabilities and Individual Unemployability.
Whether you are filing a claim or seeking review of a VA decision, we help you understand the legal process and available options.
Nationwide VA Disability Representation
RLGVA helps Veterans throughout the United States understand their VA disability benefits and legal options. If service-connected disabilities are affecting your ability to work, learn more about your potential TDIU claim.
Frequently Asked Questions
TDIU stands for Total Disability Based on Individual Unemployability. It may allow eligible Veterans to receive compensation at the 100% rate when service-connected disabilities prevent substantially gainful employment.
Yes. A Veteran does not necessarily need a 100% schedular rating to receive compensation at the 100% rate through TDIU.
Generally, a Veteran must be unable to secure or follow substantially gainful employment because of service-connected disabilities and meet applicable VA rating requirements, subject to the rules governing exceptional cases.
Your employment circumstances can affect TDIU eligibility. VA distinguishes substantially gainful employment from marginal employment, so the specific facts of your employment, income, and limitations matter.
VA generally uses Form 21-8940, Veteran's Application for Increased Compensation Based on Unemployability. VA may also request employment information using Form 21-4192.
A VA disability attorney can review your circumstances, identify relevant evidence and legal issues, and assist with the VA claims or review process where appropriate.