For veterans with service-connected disabilities, receiving proper compensation is essential, especially if their disability keeps them from maintaining substantially gainful employment. The VA has a specific benefit for veterans who have this issue called Total Disability based on Individual Unemployability (TDIU), which grants 100% disability compensation to eligible veterans. This is an important benefit for veterans as it can provide additional financial support for those who cannot maintain employment, leading to a better quality of life. In this blog, we will go over the eligibility requirements for TDIU and how veterans can make the most out of their benefits.
Eligibility for TDIU
In order to qualify for TDIU veterans must meet the following main requirements:
- You must not be able to hold a steady job that supports you financially, otherwise known as substantially gainful employment, due to your disability
- You must have at least 1 service-connected disability that is rated at 60% or higher or have 2 or more service-connected disabilities, with one being rated at least 40% or more with a combined rating of at least 70% (this is known as the 70/40 rule).
Learn More: How to Apply for a VA Benefits Rating Increase
How to Apply for TDIU
Once a veteran has established that they meet the requirements for TDIU, they can start the application process. It is important to note that veterans must have already filed a claim for VA disability prior to doing this.
Required Forms:
- VA Form 21-8940 – Veteran’s Application for Increased Compensation Based on Unemployability.
- VA Form 21-4192 – Request for Employment Information from former employers.
Supporting Evidence:
- Medical records and doctor statements linking service-connected conditions to unemployability.
- Work history and employment records that show you are unable to maintain stable work.
Read more: How SSDI Benefits are Affected by Receiving VA Disability Compensation
Commonly Asked Questions About TDIU
- If I am eligible, will my disability rating change?
If you are eligible for IDIU, your original disability rating will not change. As long as your rating meets the requirements that we discussed previously, the rating will stay the same, but your amount of monthly compensation will change.
- Is TDIU permanent?
TDIU may be permanent if the VA determines that your disability is permanent or not likely to improve. On the other hand, if the VA determines you may recover from your disability, they may be temporary. This depends on the circumstances surrounding your disability/disabilities.
- Can you work with TDIU?
When you qualify for TDIU, this shows you cannot maintain substantially gainful employment. However, this does not mean you cannot work in other forms of employment. As long as your work is not considered substantially gainful employment (for 2025, this is considered earning $1620 a month or, if you are blind, $2700), you can work.
How Tabak Law Can Help with TDIU Claims
If you believe you may qualify for TDIU, you do not have to navigate the process alone. At Tabak Law, we can help you with your TDIU claim by ensuring you have strong evidence, completing necessary forms, and providing legal support throughout the entire process.
If you’re unable to work due to service-connected disabilities, TDIU benefits can provide the financial support you deserve. Don’t wait to start receiving the compensation you rightfully deserve. Tabak Law is here to guide you through the process, from filing your claim to appealing denials. Contact us today for a free case evaluation.