TDIU, or Total Disability based on Individual Unemployability, is a benefit that allows a veteran to be paid at the 100% disability rate even if their combined VA disability rating is less than 100%, as long as their service-connected conditions prevent them from working.

It recognizes that some veterans are unable to maintain substantially gainful employment (steady, non-marginal work) due to their disabilities, even if the VA rating schedule does not fully capture the impact.

You may be eligible for TDIU if you meet these requirements:

This must be true:

You cannot hold down a job that meets the VA’s definition of substantially gainful employment because of your service-connected disabilities. Jobs that only earn marginal employment below the U.S. annual poverty threshold do not count.

And one of these must be true:

• You have at least 1 service-connected disability rated at 60% or more disabling, or

• 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.

Note: Veterans who do not meet the above criteria may still receive TDIU on an extraschedular basis, which can be harder to prove. An extraschedular TDIU claim is generally reviewed by the Director of Compensation Services for a grant or denial.

• Yes, veterans can work and still receive TDIU benefits, but there are restrictions.

• The key is that their income cannot exceed the federal poverty level for a household of one person.

• Veterans should exercise caution and consult with a professional to ensure their work does not jeopardize their benefits.

TDIU provides the full financial benefit of a 100% rating, which can make a major difference in a veteran’s quality of life.

Working with a VA-accredited representative can help ensure all the right forms and evidence, especially VA Form 21-8940, are submitted correctly.

We have attorneys and representatives here at Greene & Marusak who can help you complete your application.

Give us a call at (844) 483-8737

Check out our YouTube video where we discuss the importance of TDIU for disable veterans: VA Benefits for Unemployed Veterans: TDIU