What is TDIU and are you eligible for it?
TDIU, or “Total Disability Based on Individual Unemployability,” is a VA benefit that affords a veteran disability compensation at the same level as a 100% disability rating if the veteran’s service-connected disabilities prevent the veteran from maintaining substantially gainful employment.
In other words, to be eligible for TDIU, you must show two things:
1. That the service-connected condition(s) prevent(s) you from keeping a steady job that provides financial support (aka substantially gainful employment), which is an important factor to know about VA benefits when evaluating eligibility. Odd jobs (or marginal employment) and sheltered jobs (such as working for a family member or with many accommodations) do not count as substantially gainful employment and therefore do not preclude you from being eligible for TDIU.
AND
2. That your service-connected conditions meet one of these requirements:
a. You have at least 1 service-connected disability rated at 60% or more disabling, or
b. You have 2 or more service-connected disabilities, with at least 1 rated at 40% or more disabling and a combined rating of 70% or more.
If the first prong is met, but the veteran does not meet the rating requirements set forth in the second prong, the VA Director of Compensation Service may still consider the applicability of TDIU in special circumstances, such as when a veteran requires frequent hospitalization.
If you believe you are eligible for TDIU, you should apply!
How to apply for TDIU?
TDIU is unlike any other VA disability benefit in that you don’t technically have to apply for it. TDIU is part and parcel of any claim for maximum benefits, so if there is evidence that TDIU might apply, the VA is required to address its applicability, which directly affects VA disability rates in qualifying cases.
However, if you actually want to secure these benefits without delay or additional appeals, it is best to just apply upfront. You can apply using VA Form 21-8940, Veteran’s Application for Increased Compensation Based on Unemployability. Once you have completed the form, you can submit it online here.
You can also submit VA Form 21-8940 via regular mail here:
Department of Veterans Affairs
Evidence Intake Center
PO Box 4444
Janesville, WI
53547-4444
What evidence should you submit?
The VA assesses TDIU and disability ratings in different ways. When the VA is rating a service-connected condition, they use a “rating schedule,” with objective criteria to assess the severity of a medical condition. With TDIU, however, the VA must consider the person’s specific work abilities and how their service-connected conditions impact that individual, which can impact your va benefits in a more individualized way.
Consider this, veterans who are surgeons, firefighters, teachers, welders, etc. will be affected differently by their service-connected conditions. Some will be able to find alternative career options based on their experience and education, and some will not.
In the same way, two veterans with the same condition might experience employability differently. For example, a knee condition will affect a landscaper and an accountant in different ways. As another example, a car mechanic with an associates degree who suffers from a service-connected degenerative disc disease may be unable to maintain substantial employment, while an administrative assistant who also has service-connected degenerative disc disease but a bachelor’s degree in communications, might be able to continue working.
The VA must account for these case-specific facts when considering the applicability of TDIU. Because the analysis is more individualized and subjective, you must submit evidence that gives the VA a clear picture of how your service-connected condition impacts your ability to work.
Therefore, when seeking TDIU, you must include information about:
1. your education;
2. your employment history; and
3. how the service-connected conditions, symptoms, and medications impact your ability to work in your field, or any field in which you might be qualified to work.
Brainstorm the kinds of jobs you could get with your background and experience, then consider what duties those jobs would entail and how the symptoms of your service-connected condition would hinder the ability to perform those duties. Do the jobs you are qualified for require physical labor, in-office hours, travel, or social interaction that would worsen, or are precluded by, your service-connected condition? Let the VA know. This will help the VA understand what information to evaluate during a VA medical examination.
your employment options are, and how your service-connected conditions prevent you from that employment.
The VA will not consider the impact of non-service-connected conditions, so do not include those in your application.
Also, the VA should not consider whether you are retired, as your retirement status is irrelevant to the question of whether you are able to maintain substantially gainful employment. You may also use VA Form 21-4192, Request for Employment Information in Connection with Claim for Disability Benefits if you’d like your most recent employer to send information to the VA regarding your TDIU claim.
The VA will also consider statements from friends, family members, co-workers, and medical providers regarding your employment history, how your condition affects your daily life and precludes employment, and how the author of the statement knows about your condition. All of these records can be uploaded to the VA’s website, sent by mail to the address above, or delivered in person to your local VA Regional office.
Contact Vets National Advocates for help
Navigating the VA’s system can be difficult for anyone, especially if your service-connected conditions are severe enough to preclude employment. Vets National Advocates are here to help you! If you have been denied TDIU or other VA disability benefits and wish to appeal, contact Vets National today, at 877-777-4021.
