Total Disability based on Individual Unemployability (TDIU)
If you are a veteran who cannot work due to one or more service-related disabilities, you may be entitled to Total Disability based on Individual Unemployability (TDIU) through the Department of Veterans Affairs (VA). Learn more about VA individual unemployability benefits below, including the types of disabilities that qualify for TDIU and how to apply for TDIU benefits or appeal a denied TDIU claim.
Key Facts About TIDU
- Veterans must show their service-connected conditions prevent them from holding regular, substantially gainful employment (work above the federal poverty level).
- TDIU pays veterans at the 100% disability compensation rate, even if one’s official VA disability rating is less than 100%.
- TDIU can be permanent or temporary and may be lost if a veteran regains the ability to work or maintains gainful employment for 12 months or more.
- Qualifying disabilities include both physical (e.g., back injuries, heart disease, amputations) and mental health conditions (e.g., PTSD, depression, anxiety), or a combination of both.
- Benefits include monthly tax-free payments at the 100% disability rate, additional compensation for dependents, and access to VA healthcare, education, and other support programs.
- Application requires submitting VA Form 21-8940, supporting medical and employment evidence, attending a VA exam, and awaiting a decision.
What is Total Disability Individual Unemployability (TIDU)?
TDIU is a VA benefits program that provides 100% disability compensation to veterans who are unable to obtain or keep gainful employment due to a service-connected disability or disabilities.
Unlike many other VA programs, which limit compensation amounts based on an individual’s assigned disability rating, all veterans granted TDIU VA disability receive compensation at the 100% rating. Ultimately, TDIU is intended to compensate a veteran for their inability to work, not the severity of their disabilities.
TDIU can be awarded on a permanent or temporary basis.
To qualify:
- A veteran must prove that their condition(s) is/are directly linked to their military service
- That any service-connected conditions prohibit them from substantial gainful employment.
A veteran may lose their TDIU status if they are able to maintain gainful employment for 12 months or more, or if their condition improves to a point where they could realistically obtain a job with sufficient income.
Eligibility for TDIU VA Disability
Veterans must meet the following requirements in order to qualify for Total Disability based on Individual Employability:
- Service-Connected Disability: One disability with a VA rating of 60% or higher, or two or more disabilities with a combined rating of 70%, provided at least one of those disabilities is rated at a 40% or higher (38 CFR § 4.16).
- Inability to Secure or Maintain Substantial Gainful Employment: Veterans must demonstrate that their service-connected disabilities prevent them from obtaining or maintaining a regular job. Reasons may include a variety of factors such as physical limitations, mental health conditions, or chronic pain.
- Non-Dishonorable Discharge: As is true of all VA benefits, in order to qualify for TDIU a veteran must present documents showing an other-than-dishonorable discharge status.
For TDIU purposes, “substantial gainful employment” is generally defined as a job with an income above the federal poverty level, and that non-disabled individuals may also pursue.
Types of Disabilities That May Qualify for TDIU Benefits
There are a range of disability types that commonly qualify for TDIU. These include both physical and mental health conditions, with the main caveat being that they must prohibit a veteran from holding a regular job.
- Physical Conditions: Disabilities such as amputations, back injuries, heart disease, and mobility impairments.
- Mental Health Conditions: PTSD, depression, anxiety, or other service-related mental health conditions.
- Combination of Disabilities: Veterans may qualify if a combination of physical and mental disabilities prevents them from working.
When applying for TDIU, the VA will take into account the individual disability ratings of each qualifying condition, as well as the combined disability rating, if applicable. As noted, veterans must have a single disability rating of 60%+ or a combined rating of 70%+, with one or more of those disabilities rated at least 40%. Exceptions may be made in unique cases where a veteran’s disability impairment is not adequately represented by the standard rating system – this is known as an extraschedular TDIU.
VA Individual Unemployability Benefits
Veterans with TDIU receive benefits that are comparable to those with a 100% VA disability rating.
- Monthly, tax-free payments: The current compensation rate for veterans with TDIU or a 100% disability rating is $3,831.30 per month, which can greatly assist with living expenses when work is not an option.
- Compensation for dependents: Additional compensation is available for dependent children – $106.14 per month for children under 18 and $342.85 per month for children over 18 who are enrolled in qualifying schools.
- Non-financial benefits: Including access to VA medical services, loan programs, educational programs, and access to military commissaries and exchanges, as well as dental care, vocational rehabilitation services, and educational benefits for dependents.
How to Apply for TDIU
The application process for TDIU is similar to that for standard VA disability benefits, however the form is different. Go through the following steps to apply, and don’t hesitate to contact a Veterans’ Service Organization (VSO) or specialized veterans’ attorney if you have questions or concerns about your TDIU application.
1
Step
Gather Evidence
You will need to prove that your inability to work is tied to a disability that was caused or worsened by your military service. This can be accomplished with evidence such as medical records, work history documents, buddy statements, and any other documents that show the connection between your condition and lack of gainful employment.
2
Step
Complete an Application
Head to VA.gov to download VA Form 21-8940: Veteran’s Application for Increased Compensation Based on Unemployability. You can complete the form on your computer or print it out and complete it by hand. In either case, be as clear, accurate, and thorough as possible when filling it out, since any errors or insufficiencies in the provided information can delay your application or lead to a denial of benefits.
3
Step
Submit Your Claim
To submit your claim:
- Mail your completed application along with supporting documents (copies are okay) to the Department of Veterans’ Affairs, Evidence Intake Center, P.O. Box 4444, Janesville, WI 53547-4444; OR
- Fill out and submit your application online through the VA’s eBenefits Portal; OR
- Submit your form in person at a VA regional office
4
Step
Attend a C&P Exam
The VA will arrange for you to attend a Compensation & Pension (C&P) Exam with a qualifying physician. This exam is when you’ll be assigned your disability rating(s), which are essential to qualifying for TDIU benefits.
5
Step
Await a Decision
It can take a few months to find out if your TDIU claim was approved or denied. If the VA denies your application, you may choose to seek a formal appeal and provide additional evidence in support of your claim (more on that below).
Tips for a Successful TDIU Claim
There are several things that you can do to strengthen your claim for Total Disability Individual Unemployability benefits.
- Document Your Experience: Keep a journal where you document the effects of your disabilities on your daily life, including symptoms and how they are preventing you from working.
- Consider Other Conditions: Some secondary and/or connected physical or mental health conditions may not qualify for TDIU on their own, but can still support your claim, for example, depressive episodes caused by your disability.
- Be Professional: Be clear and concise when filling out your TDIU application, respond to all VA information requests promptly, and make sure not to miss any application deadlines.
- Meet with a Vocational Expert: Vocational experts are professionals who assess an individual’s ability to work. A report from a vocational expert can lend tremendous support to your claim when submitted alongside other evidence.
- Get Legal Help: A VSO or attorney who specializes in VA disability benefits is a fantastic resource when applying for TDIU benefits or other VA programs. And because many work on a contingency fee basis, you won’t owe anything until your claim is successful.
What to Do If Your TDIU VA Disability Claim is Denied
If you believe you were wrongly denied VA individual unemployability benefits, you do have some options available to you.
Begin the appeals process by filing a Notice of Disagreement (NOD), which is a formal request for VA review. Before doing so, read your decision letter carefully to determine the exact reasons why your TDIU claim was denied. If you’re going to file a NOD, it’s important that you have additional evidence that can fill in the gaps and provide new context to your claim.
Again, you’ll probably want to consider working with a veteran’s claim expert, whether that’s a designated service organization like the VSO or a veterans’ law firm. Our own VA disability lawyers have handled countless claim appeals and can seamlessly walk you through the process of appealing the VA’s decision.
Learn More About Total Disability Individual Unemployability: Talk to an Attorney for Free
Every veteran and every disability is different. But if you can’t maintain substantial gainful employment due to your service-related condition, you deserve the maximum amount of compensation available to you.
We offer qualified help on a contingency fee basis to veterans who are applying for TDIU benefits and appealing denied claims. Contact us today to schedule a free, no-obligation consultation with an experienced veterans’ lawyer, and don’t waste any time getting the compensation you need for yourself and your household.
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