TDIU Benefits
If you cannot work because of service-related injuries, you may be entitled to extra benefits.
Specifically, when a veteran’s service-connected condition(s) prevent the veteran from maintaining substantially gainful employment, the veteran may be entitled to a Total Disability rating based on Individual Unemployability, or TDIU. TDIU is part of the VA’s disability compensation program, and allows eligible veterans to receive a 100% disability rating–even if their initial VA disability rating was lower.
If you are a disabled veteran and have been unable to maintain substantially gainful employment because of a service-connected condition, you may be entitled to TDIU benefits. This article will break down the requirements for this benefit.
1. Service-Connected Condition
In order to be eligible for TDIU benefits, a veteran must suffer from a service-connected condition that impacts the veteran’s ability to work. The VA cannot consider non-service-connected conditions. There are two ways to meet this requirement: schedular and extraschedular.
For TDIU benefits under the schedular path, the veteran must show that they meet certain rating requirements:
· If there is only one such disability, this disability shall be ratable at 60 percent or more, and
· If there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more.
For the purpose of “one” 60 percent disability, or “one” 40 percent disability, the following are considered “one” disability: (1) disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war.
TDIU benefits under the extraschedular path, are awarded for veterans who are unable to maintain employment because of service-connected conditions, but the conditions do not meet the rating criteria above. In those cases, the rating board will submit the case to the Director of Compensation Service for consideration. The rating board’s submission to the Director will include a statement of the veteran’s service-connected disabilities, employment history, educational and vocational attainment, and any other relevant factors.
2. Prevents a Veteran from Maintaining Substantially Gainful Employment
Next, to be eligibile for TDIU benefits, the veteran will need to prove that the service-connected condition prevents the veteran from “maintaining substantially gainful employment.” This does not mean the veteran cannot work while receiving TDIU benefits, but any work the veteran is able to do must be marginal or sheltered work. If the veteran is working and making less than the federal poverty line, the employment will be considered marginal.
If the veteran’s employer has to make special accommodations because of the veteran’s medical needs, then it might be considered sheltered or protected employment.
If the veteran is working a marginal or sheltered job, then it will not be considered “substantially gainful employment” and the veteran can still receive TDIU benefits.
How to Apply for TDIU Benefits
A claim for TDIU is part of any claim for maximum benefits, as long as the evidence raises the issue of TDIU. However, to make things simple for the VA, you can apply using VA Form 21-8940, Veteran’s Application for Increased Compensation Based on Unemployability.
When you raise the issue of TDIU, be sure to include information about your education and employment history and how the service-connected conditions impact the ability to work in your given field.
Contact Vets National Advocates
Understanding veteran disability ratings and applying for benefits from the VA can be difficult for anyone who is suffering from a disability.
You fought for our country, now let us fight for you. Vets National Advocates can help you fight for your right to unemployability benefits. Contact Vets National today, at 877-777-4021.
