Total Disability based on Individual Unemployability (TDIU) is a benefit offered by the US Department of Veterans Affairs (VA) that allows disabled veterans who are unable to work due to a service-connected disability to receive disability compensation equal to a 100% rating, even if their combined disability rating is less than that. There are two types of TDIU: schedular and extraschedular. To apply for TDIU, veterans need to fill out VA Form 21-8940: Veteran's Application for Increased Compensation Based on Unemployability. This form asks for information such as the nature of the veteran's service-connected medical condition, their employment history, and their education and work-related training. There are three ways to apply for TDIU: through the VA's website, in person at a local VA office, or with the help of a legal representative or an accredited VA claims agent.
Characteristics | Values |
---|---|
Who is eligible? | Any veteran with an other-than-dishonorable discharge who is unable to get or keep a substantially gainful occupation due to a service-connected disability. |
How to apply | Fill out VA Form 21-8940: Veteran's Application for Increased Compensation Based on Unemployability. |
Application methods | Online, by mail or fax, or in person at a local VA office. |
Information required | Social Security Number, VA file number, employment history, education and training details, treatment and hospitalization details, and an explanation of how your disability prevents you from securing and maintaining employment. |
Additional evidence | Supporting documents such as a doctor's report or medical test results, as well as lay statements from friends, family, co-workers, or previous supervisors. |
Contact | For questions, veterans can call 800-827-1000, Monday through Friday, 8:00 a.m. to 9:00 p.m. ET. |
What You'll Learn
TDIU requirements
TDIU, or Total Disability based on Individual Unemployability, is a benefit offered by the Department of Veterans Affairs (VA) that allows disabled veterans who are unable to work due to a service-connected disability to receive disability compensation equal to a 100% rating, even if their combined disability rating is less than that.
To qualify for TDIU, a veteran must meet certain requirements. Firstly, they must have a service-connected disability or disabilities. This means that the disability must be related to their military service. Secondly, they must prove that their disability prevents them from maintaining substantially gainful employment. This means that they are unable to hold down a steady job that provides adequate financial support. Odd jobs or marginal employment do not count towards this requirement.
To be eligible for TDIU, a veteran must meet one of the following criteria:
- Have at least one service-connected disability rated at 60% or higher
- Have two or more service-connected disabilities, with at least one rated at 40% or higher, and a combined rating of 70% or more
In certain cases, such as if the veteran needs frequent hospitalisations, they may qualify for TDIU with a lower disability rating.
Application Process
To apply for TDIU, veterans need to fill out VA Form 21-8940: Veteran's Application for Increased Compensation Based on Unemployability. This form requires information such as the nature of the service-connected medical condition, employment history for the last five years, and all education and work-related training.
Along with the application form, veterans must also submit evidence to support their claim. This includes medical documentation such as doctors' opinions, diagnostic tests, treatment records, and lab reports. Vocational expert evaluations and social security determinations can also be used as evidence. Additionally, lay statements from the veteran's spouse, family, coworkers, or employer can be included to describe how the condition impacts their daily life.
Veterans can apply for TDIU through the VA's website, in person at a local VA office, or with the help of a legal representative or accredited VA claims agent.
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How to apply for TDIU
To apply for TDIU, or Total Disability based on Individual Unemployability, you must be a veteran with a service-connected disability that prevents you from working or maintaining "substantially gainful employment". This means that you are unable to maintain full-time employment that pays a wage greater than the poverty level.
To apply, you will need to submit the following:
- VA Form 21-8940, also known as the Individual Unemployability application. This form requires you to provide personal information, including your Social Security Number, VA file number, employment history, education, training, certifications, job skills, and any treatments or hospitalizations related to your disability.
- VA Form 21-526EZ.
- Records of your previous five years of work history.
- Proof that your impairments are service-connected. If applying for TDIU based on multiple conditions, provide medical evidence of each and explain how they impact your life.
- Medical evidence, including doctor's treatment notes, dates of treatment and hospitalization, and a medical opinion or letter from your doctor.
- Educational information, including any schooling or training received.
- Earnings history, including salary information while employed.
You can apply for TDIU in the following ways:
- Online using VA.gov.
- By fax or mail. Print out VA Form 21-8940, fill it out, and send it with supporting documentation to the Department of Veterans Affairs Evidence Intake Center.
- In person at your local VA office, with help from an accredited representative.
The average timeframe for a decision from the VA is three to six months for initial claims, but it can take up to 10 months. It is recommended that you work with an attorney when applying for TDIU to ensure that your application is as comprehensive and detailed as possible and to improve your chances of success.
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Supporting documentation
VA Form 21-8940:
The first and most important document is the VA Form 21-8940, "Veteran's Application for Increased Compensation Based on Unemployability." This form serves as the official application for unemployability benefits and must be accurately and completely filled out. It requires information about your employment history, educational background, salary details, and the impact of your disabilities on your ability to work full time. Submitting this form is mandatory, and the VA can deny your claim if it is not included. Make sure to provide all the requested information and any supporting documentation to strengthen your claim.
Past Employment Information:
You will need to list all your employers for the last five years that you were working. This information is crucial, as the VA will request these employers to complete VA Form 21-4192, "Request for Employment Information in Connection with Claim for Disability Benefits." This form seeks details about your employment, such as when you stopped working, your work performance, and any issues you faced. Ensure that the VA receives the completed Form 21-4192 from your former employers, and inform them if any of your previous employers are no longer in business.
Educational Information:
Provide information about your education and any work-related training you received before and after becoming too disabled to work. This includes details of your educational background, such as the level of education completed and any relevant qualifications or certifications obtained.
Medical Evidence:
Submit medical evidence that demonstrates how your service-connected disabilities prevent you from securing and maintaining substantially gainful employment. This can include dates of treatment and hospitalization, medical opinions or letters from your doctors, and any other relevant medical records. This documentation is essential to establish the impact of your disabilities on your ability to work.
Social Security Determinations:
If you are receiving Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), include this as supporting evidence. The VA is required to consider these determinations as evidence, even if the benefits are for a non-service-connected condition. It demonstrates that your overall health status impacts your ability to work.
Vocational Rehabilitation and Employment Service Records:
Records from the VA's Vocational Rehabilitation and Employment (VR&E) program can be valuable evidence. If you have participated in this program and were found to be unemployable due to your service-connected disabilities, it can strengthen your claim for unemployability benefits.
Lay Statements:
Consider including lay statements from yourself, family members, friends, or former coworkers who have witnessed the limitations you face due to your disabilities. These statements can provide valuable insights into the impact of your disabilities on your daily life and ability to work. Ensure that the individuals explain their relationship with you and how they know the extent of your disability.
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Marginal employment
Veterans who are marginally employed may still qualify for Total Disability based on Individual Unemployability (TDIU) benefits. This is because the Department of Veterans Affairs (VA) does not consider marginal employment to be substantially gainful. To determine whether a veteran's employment is marginal, the VA considers factors such as their income, the number of hours they work, and whether they work in a protected work environment.
Veterans who are marginally employed and seeking TDIU benefits must still prove that they have a service-connected condition that prevents them from working or makes it difficult to be gainfully employed. They must also meet the criteria for TDIU, which includes having a single disability rating of 60% or higher or a combined rating of two or more disabilities of 70% or higher, with at least one disability rated at 40% or higher.
Veterans who are marginally employed and seeking TDIU benefits can increase their chances of success by submitting various forms of evidence. This includes pay stubs, W2s, or a written statement from their employer detailing the accommodations made for them. Additionally, veterans can submit statements from themselves, friends, family, co-workers, or previous supervisors explaining how their service-connected disabilities impact their daily functioning and ability to work. Opinions from medical and vocational experts can also support a veteran's claim for TDIU.
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Permanent and total 100% VA ratings
There are several types of total disability ratings, including:
- 100% schedular VA disability rating: A 100% disability rating for one condition or multiple conditions.
- Total Disability Based on Individual Unemployability (TDIU): Veterans who are unable to secure and follow substantially gainful employment due to their service-connected conditions.
- Permanent and Total (P&T) VA disability rating: Veterans whose disabilities are total (rated 100% disabling by VA) and permanent (have zero or close to zero chance of improvement).
- Temporary 100% VA disability rating: Veterans who are rendered temporarily incapacitated due to a service-connected condition.
- 100% disability ratings for cancer: Veterans service-connected for active cancer should automatically receive a 100% disability rating. This rating continues for as long as their cancer is active, and then for another six months following the successful completion of a cancer treatment program.
A permanent and total disability rating means that the VA has determined that the veteran is both permanently and totally disabled. Veterans with this rating no longer need to attend Compensation and Pension (C&P) exams and are typically no longer subject to rating reductions.
To determine if your VA rating is 100% permanent and total, review the VA rating decision letter and the rating explanation. Check if the rating says "permanent and total" or that the VA will not require further exams.
Veterans with a permanent disability rating don't need to be reevaluated to continue to receive benefits.
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Frequently asked questions
To apply for TDIU, veterans need to fill out VA Form 21-8940: Veteran’s Application for Increased Compensation Based on Unemployability. This form asks for information such as the nature of your service-connected medical condition, your employment history, your education and work-related training, and the date you became too disabled to work.
A 100% schedular rating is assigned to veterans whose disabilities combine to 100%, while TDIU allows veterans to be compensated at the 100% level even if their combined rating does not equal 100%.
To qualify for TDIU, veterans must meet one of the following requirements:
- Have at least one service-connected disability rated at 60% or more disabling
- Have two or more service-connected disabilities, with at least one rated at 40% or more disabling and a combined rating of 70% or more
You will need to provide evidence such as a doctor’s report or medical test results that show your disability prevents you from holding down a steady job. The VA will also review your work and education history.