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You can get Unemployability through the VA if you apply and meet certain criteria. Unemployability, also known as Total Disability Based on Individual Unemployability or TDIU, allows certain veterans to receive the highest schedular level of disability compensation even if the Department of Veterans Affairs (VA) did not issue them a 100-percent rating.

How Do I Apply for Total Disability Based on Individual Unemployability?

You have three options to apply for TDIU:

  • You can apply through the eBenefits portal on the VA website.
  • You can visit your local VA office in person and receive assistance with your application from a VA employee.
  • Your accredited VA representative or agent can submit an application on your behalf.

Before you begin the process, a member of the Chisholm Chisholm & Kilpatrick LTD legal team can help you ensure that you have the evidence you need and that you are not missing any important documentation. An omission in your application can result in a denial, in which case you would have to appeal to the VA, a process that can be long and complex.

If you have already applied for TDIU and received a denial, our team can help you file an appeal.

How Do I Qualify for TDIU?

To qualify for TDIU, you must meet certain eligibility requirements established by the VA. You are also required to submit evidence that you meet these requirements.
The eligibility requirements for schedular TDIU are as follows:

  • You must be a veteran.
  • You must be unable to sustain substantially gainful employment as a result of your service-related medical condition or conditions. (The VA will likely not consider odd jobs, irregular part-time employment, and other types of marginal work as substantially gainful employment.)
  • If you have one medical condition connected to your military service, it must have a VA disability rating of 60-percent or higher.
  • If you have more than one medical condition connected to your military service, one of them must have a VA disability rating of at least 40-percent or higher, and combined they must have a VA combined rating of 70-percent or higher.

You may also be eligible for TDIU if you meet the “extra schedular” criteria, which include:

  • One or more service-connected conditions.
  • An inability to engage in substantially gainful employment.
  • A disability rating that does not meet the percentage requirements for schedular TDIU.

Have Additional Questions? Call 800-544-9144 to Speak to a Member of the Legal Team at Chisholm Chisholm & Kilpatrick LTD

Our team wants to help you win the TDIU benefits you deserve. To discuss your TDIU case for free, call our office today at 800-544-9144. We look forward to working with you.


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