VA UNEMPLOYABILITY BASICS
Veterans who cannot maintain substantial employment due to service-connected disabilities may qualify for Total Disability Based on Individual Unemployability (TDIU) benefits. This program allows Veterans to receive compensation at the 100% disability rate, even if their disability rating is below 100%.
WHAT IS TDIU?
TDIU provides financial support to Veterans whose service-connected disabilities prevent them from securing and keeping substantially gainful employment. If a Veteran cannot work due to their disability, they may qualify for benefits equivalent to a 100% disability rating, even if their actual rating is less.
ELIGIBILITY REQUIREMENTS FOR TDIU
To qualify for TDIU, Veterans must meet specific criteria:
- DISABILITY RATING:
- Have one service-connected disability rated at 60% or higher or
- Have two or more service-connected disabilities with a combined rating of 70%, with at least one disability rated at 40% or higher.
- INABILITY TO MAINTAIN SUBSTANTIAL EMPLOYMENT: The veteran must prove that they cannot engage in substantially gainful employment due to their service-connected disabilities. This excludes marginal employment, defined as earnings below the poverty threshold.
HOW to APPLY FOR TDIU
Veterans can apply for TDIU benefits by submitting VA Form 21-8940, “Veteran’s Application for Increased Compensation Based on Unemployability.” It is essential to provide detailed information about your disabilities, work history, and the impact on your ability to work. When deciding, the VA will review medical records, employment history, and other evidence.
BENEFITS of TDIU
If granted, TDIU provides veterans with the full financial benefits of a 100% disability rating, which can significantly improve their quality of life. This includes:
- Monthly compensation equivalent to the 100% disability rate (as of 2024, around $3,621.95 for veterans without dependents).
- Eligibility for added benefits, such as healthcare, education, and housing assistance.
COMMON CHALLENGES and TIPS
Many veterans face challenges in proving they are unemployable due to their disabilities, especially if they have part-time or sporadic work. It’s crucial to provide comprehensive medical evidence and clear documentation of how your disabilities limit your ability to work. Veterans are encouraged to work with VA-accredited representatives, such as the VA team at Parmele Law Firm or organizations like the Disabled American Veterans (DAV) to navigate the application process and submit the strongest case possible.
TDIU is a lifeline for many veterans, providing financial stability when work is no longer a possibility. If you believe you qualify, contact the specially trained VA team at Parmele Law Firm to help you navigate this long, confusing process. Your initial consultation is at no cost and together, our team will work with you and explain the process so you can make the most informed, beneficial decision. Call PLF-VA today at 417-616-2691 or email va@danielparmelelaw.com.
Parmele Law Firm – Veteran Affairs. Standing with you. Fighting for you.