tdiu benefits

A total disability rating based on individual unemployability (TDIU) is a vital benefit provided by the Department of Veterans Affairs (VA) to support Veterans who are disabled and cannot work due to their service-connected disabilities. Essentially, TDIU provides financial assistance to Veterans who are unable to secure and maintain “substantially gainful” employment as a result of their conditions which are service connected. This support is crucial in ensuring that Veterans with disabling conditions receive the necessary financial assistance to help them live comfortably despite their inability to work.

What Exactly Is a Total Disability Rating Based on Individual Unemployability?

TDIU is a disability benefit provided by VA that allows Veterans to be compensated at VA’s 100% disability rate, even if their combined schedular rating does not amount to 100%. TDIU is awarded in situations where Veterans cannot work because of their service-connected disabilities.

VA regulations lay out what ratings a veteran must have in order to qualify for a TDIU.  However, even Veterans who do not meet those requirements can be awarded a TDIU on what VA refers to as an extraschedular basis as long as there is evidence establishing that their service-connected conditions alone prevent them from working.  

Am I Eligible for TDIU Benefits?

Are you currently unemployed or earning less than the federal poverty threshold for one person (currently $15,060)?

Have you been granted service connection for the disabilities that are preventing you from working or from earning more than the federal poverty threshold? 

If you answered yes to both of these questions, then you may be entitled to TDIU benefits to compensate you for the physical or mental impairments that make it difficult for you to find suitable employment.  

A Basic Overview of Applying for TDIU

When applying for Total Disability Rating based on Individual Unemployability, Veterans are required to complete the “Veteran’s Application for Increased Compensation Based on Unemployability.” This form collects crucial information about the Veteran and his/her work history, including: 

  • Which service-connected conditions are  preventing the Veteran from finding or keeping substantially gainful employment. 
  • Details about any hospitalizations or treatment recently received for the service-connected conditions. 
  • Information regarding when the Veteran’s service-connected conditions started to impact employment and when the Veteran became unable to work due to those conditions. 
  • A comprehensive history of the Veteran’s employment for the five years prior to their date of last employment (for example: if a Veteran stopped working in 2010, VA would want information regarding their employment from 2005-2010).. 
  • Any work-related training or education received prior to and after becoming too disabled to work. 

What Happens if a Veteran Retired or Wants To Retire?

If a Veteran is of retirement age or has already retired but whose disabilities still prevent them from maintaining substantially gainful employment, they may still qualify for TDIU benefits. It is important to note that eligibility for TDIU is not contingent upon the Veteran’s age or the specific reason for leaving their last place of employment. Instead, the determining factor is whether the Veteran’s service-connected disabilities presently prevent them from engaging in gainful employment. This assessment is based on the severity of the disabilities and their impact on the Veteran’s ability to work.

Contact the Veterans Benefit Group of Goodman Allen Donnelly Today To Learn More About Your Rights

At Veterans Benefit Group of Goodman Allen Donnelly, our team of highly skilled VA attorneys have extensive experience in effectively navigating the appeals process. We are dedicated to advocating for your rights and are fully prepared to vigorously fight on your behalf. 

If your TDIU claim has been denied and you want to know more about your options, including the appeals process, contact the Veterans Benefit Group of Goodman Allen Donnelly today and speak with our experienced legal team.