Most Veterans Administration disability benefits cases revolve around the assigned disability rating. This rating directly impacts the amount of compensation a veteran receives. But sometimes, despite a disability attorney’s best efforts, a 100% rating just isn’t possible.
Total Disability based on Individual Unemployability (TDIU) allows veterans who aren’t totally disabled, but still can’t hold down a decent job due to their service-connected conditions, to receive compensation at the 100% rate.
The VA is required by law to consider TDIU if a veteran can’t secure or keep substantially gainful employment. Including certain forms in your file, like VA Form 21-8940 (formal individual unemployability claim) or Form 21-4138 (informal notice of IU claim), can really boost your chances.
While TDIU benefits can be significant, they’re not always easy to get. Solid documentation is key. That’s why it’s so important to have an experienced veterans disability attorney in your corner.
Eligibility for TDIU
TDIU isn’t just about disability ratings and medical diagnoses. It’s about how your disability actually affects you. This makes TDIU a powerful tool for reviving claims that might otherwise seem dead in the water. To qualify, you need to show:
- Disability-related unemployability: This means your service-connected condition (like PTSD or a back injury) keeps you from finding and keeping a suitable job. Things like your age, education, and work history don’t matter. You might even have a job and still qualify if it doesn’t meet the VA’s standards for “substantially gainful occupation.” More on that below.
- Minimum disability rating: This can be tricky. You need to meet either the 60% test or the 70/40 test. The 60% test means your service-connected disability is rated at least 60% disabling. The 70/40 test means you have two or more conditions that add up to a combined rating of 70% or more, with at least one of them rated at 40% or higher.
What exactly is “substantial gainful employment”?
The law says “substantial gainful employment” means being able to earn more than poverty-level wages in a regular job setting. So, if your disability limits your hours, makes it impossible to do certain tasks, or forces you to miss work a lot, you might qualify. And, that job can’t be with a family business or somewhere else where you get special treatment.
Even if you don’t meet the minimum disability rating, you might still be able to get TDIU. But your attorney will have to make a strong case that your disability, even though it doesn’t meet the numbers, still prevents you from working. It’s an uphill battle, but it can be done.
What to Expect
If you meet the minimum requirements, VA hearing officers will look at a number of things to decide on your claim, such as:
- How much work time you’ve missed because of your disability
- How often and how bad those missed work periods are
- Whether you’re working now
- How much you’re earning
If your claim is approved, you’ll usually get back pay (retroactive benefits). This usually goes back to the date the VA first got a clue that you might have a TDIU claim, like a doctor’s note.
Get the Help You Need
If you were denied a 100% disability rating, TDIU could be the answer. For a free consultation with an experienced veterans disability lawyer, contact Cameron Firm, PC, at 800-861-7262 or fill out the contact box to your right. We represent veterans all over the country.
This article is for educational and marketing purposes only. It does not create an attorney-client relationship.