Total Disability based on Individual Unemployability (TDIU)
- Total Disability based on Individual Unemployability (TDIU) is a VA disability benefit that compensates veterans at the 100% disability rate if they have a service-connected disability that renders them unable to work. But veterans do not need a 100% disability rating to qualify for TDIU. Veterans may qualify if they have one disability rated 60% or if they have multiple disabilities with one rated at least 40% and a combined rating of at least 70%. Under some circumstances, veterans may qualify even if they are working.
Do you have a service-connected disability rated less than 100% that prevents you from working? You could be entitled to VA benefits at the 100% VA disability rating. How?
Total Disability based on Individual Unemployability, also known as TDIU or IU.
You could be eligible for TDIU. Fill out the form on the right for a free case evaluation.
“I was fighting for my VA disability compensation for 10 years. I was ready to give up and then CCK began representing me. I immediately felt at ease because they kept me informed every step of the way and there was so much less stress for me. Thanks to CCK I am now receiving TDIU benefits and I am very thankful.”
– Raul B.
WHAT IS TDIU?
TDIU (also known as IU or Total Disability based on Individual Unemployability) is a VA disability benefit available to veterans whose service-connected disabilities render them unable to work. IU compensates veterans at the 100% disability rating amount, even if their total combined disability rating is less than 100%.
What is the benefit amount of TDIU?
TDIU provides compensation to veterans at the 100% disability rating amount, which is currently $2,915.55 for a single veteran. Additional money is added for a spouse and dependent children.
Who is eligible for TDIU?
To be eligible for TDIU, you must meet these criteria:
- Unable to work due to service-connected disability(s); and
- Have a single, service-connected disability rated at least 60%; or
- With more than one service-connected disability, at least one must have 40% rating and total combined rating must be at least 70%.
- A veteran may still be entitled to IU even if the above percentage requirements are not satisfied, but the process is different.
Am I still eligible for TDIU if I’m currently working?
If you are currently working but earn below the federal poverty threshold, then VA may consider that to be “marginal” employment. What does marginal employment mean? In VA world, marginal employment means that your employment is not substantially gainful, and thus you may be entitled to TDIU.
If you are currently working in a protected work environment, such as a family business or at a job that allows certain accommodations, and your earnings are above the federal poverty threshold, you may still be entitled to IU. VA does not consider a protected work environment to be substantially gainful employment.
How do I apply for TDIU?
The first step is completing the VA Form 21-8940, Application for Increased Compensation Based on Unemployability. You should also obtain a medical report from your doctor stating your service-connected disability(s) prevents you from maintaining substantially gainful employment.
Need help getting TDIU benefits or want to know if you qualify?
Fill out the form on this page for a free case evaluation.
“I am a Vietnam vet. I was exposed to Agent Orange in Vietnam. I have many physical problems treated by the VA hospital for years. By the year 2001 I was no longer able to work. The VA over time would only give me a 60% disability. I kept trying to get a higher percentage but could not for 17 years. Chisholm Chisholm & Kilpatrick offered to help me, and in a short time due to them I received a 100% disability with backpay. Thank you.”
“Chisholm Chisholm Kilpatrick LTD has represented us since we were turned down for T.D.I.U. at the B.V.A. Our claim went all the way to Court. The court remanded the case back to the R.O. for T.D.I.U., our attorneys appealed there denial back to the B.V.A. We filed for T.D.I.U. in 2007. We got our favorable decision in 2014 and was awarded T.D.I.U. but only went back to 2009. We were awarded more than $83,000. Chisholm + Chisholm + Kilpatrick L.T.D. filed an appealed for T.D.I.U. from 2007 to 2009 we got a favorable decision in 2017 and awarded $104,948. I would highly recommend this law firm. They went above my expectations, and kept us informed at every step. Job well done!”
“I was fighting for my VA disability compensation for 10 years. I was ready to give up and then CCK took my case. I immediately felt at ease because they kept me informed every step of the way and there was so much less stress for me. Thanks to CCK I am now receiving TDIU benefits and I am very thankful.”
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- I was fighting for my VA disability compensation for 10 years. I was ready to give up and then CCK took my case. I immediately felt at ease because they kept me informed every step of the way and there was so much less stress for me. Read More »