The VA is not supposed to consider age when making decisions on TDIU. Its regulation regarding age and service-connected benefits (38 C.F.R. § 4.19) for Total Disability Based on Individual Unemployability (TDIU) is as follows:
Age may not be considered as a factor in evaluating service-connected disability; and unemployability, in service-connected claims, associated with advancing age or intercurrent disability, may not be used as a basis for a total disability rating. Age, as such, is a factor only in evaluations of disability not resulting from service, i.e., for the purposes of pension.
Is it difficult to be granted TDIU benefits?
Winning TDIU benefits can be difficult, but with enough evidence, you can show VA that your service-connected disabilities impact your ability to work such that you are unable to acquire and maintain substantially gainful employment.
How Do I Qualify for TDIU?
There are two ways to meet VA’s eligibility requirements for TDIU benefits.
Receiving Schedular TDIU Benefits
The first is to qualify based on your disability rating(s). When reviewing disability claims, the VA assigns disabling conditions a rating on a scale from 0 to 100 percent in increments of 10 percent. The higher your condition rates on that scale, the more money you receive in disability compensation each month.
The highest schedular disability rating is 100 percent. TDIU enables you to receive monthly benefits at the 100 percent rate even if your condition itself is not rated 100 percent.
To qualify for TDIU, you must:
- Demonstrate an inability to maintain substantially gainful employment due to your service-connected disability(s); and
- Have a single service-connected condition rated 60 percent or higher; or
- Have multiple service-connected disabilities that combine to 70 percent or higher, with one of those conditions rated at least 40 percent disabling.
Receiving Extraschedular Benefits
If you do not qualify for TDIU on a schedular basis, you may apply for extra-schedular TDIU. VA grants extraschedular TDIU when the schedular eligibility requirements above are not met, but the veteran’s service-connected condition(s) impact his or her ability to obtain and follow substantially gainful employment.
To win extraschedular TDIU, we must show that even though your condition or conditions do not meet the rating requirements for TDIU, the functional limitations they cause you impact your ability to work.
To Schedule a Free VA Disability Case Evaluation With a Member of the Chisholm Chisholm & Kilpatrick Legal Team, Call 800-544-9144 Today
At Chisholm Chisholm & Kilpatrick, our team focuses on veterans disability law and wants to help you receive the benefits to which you are rightfully entitled. To learn more about how one of our veterans lawyers can help you, call 800-544-9144 for a free consultation.« Return to the Veterans' Resource Center
- What is the CAVC, or Veterans Court?
- Can Anyone Opt Into the Rapid Appeals Modernization Program (RAMP)?
- What Are Symptoms of Exposure to a Military Burn Pit?
- What is a Decision Review Officer (DRO)?
OUR CLIENTS LOVE US, AND SO WILL YOU. SEE WHAT CCK CLIENTS HAVE TO SAY.
- It has been one of the best legal experiences that I have personally encountered. Their follow up and their follow thru has been on perfect terms. Wow, they have given me a celebrity experience! Impressive! Read More »
- These people are FANTASTIC!!! I highly recommend this firm to Veterans everywhere. Honest Legal Help like this is priceless and they are extremely skilled. So Satisfied with the results...5 stars!! Read More »
- I cannot begin to say how grateful I am to this Firm. From the Class A staff to the Lawyers, there are no complaints. Everyone treated me fantastic!! After 30 yrs of fighting on my own, they were able to win my case in less than 15 months. Read More »
- My case was initially rejected by the VA but with the thorough review by CC&K , the VA agreed with the case that CC&K made and awarded my initial rating of 30% retroactive to 1975. Read More »
- We had struggled for eight plus years, with the VA, and got nowhere. Our case was sent to CC&K and in less than one year, we were they won all his back pay and 100% rating. We could not be more pleased. We highly recommend this firm for anyone struggling with the VA. Read More »
- I thought I could go it alone. I filed several disability claims through the VA only to be denied over and over again. I knew I needed help. I found that help with the law firm of Chisholm Chisholm & Kilpatrick. They filed for me and won. Read More »
- I'm so glad we sought the help of CCK on my husband's VA claim. We had been going back and forth with the VA for 5 years on his claim without seeing any progress. Then we found CCK and the case was resolved in about a year! Read More »
- 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 »