If you are 100 percent disabled by the VA, you cannot get TDIU, too. However, receipt of either one will get you the highest schedular monthly compensation possible. In other words, either will get you monthly compensation at the 100 percent rating amount.
Below, we detail the similarities, differences, and benefits of each.
Schedular 100% Rating vs. Total Disability Based on Individual Unemployability (TDIU)
Whether you receive 100 percent disability based on the VA’s disability rating schedule, or you receive it by applying and getting approved for TDIU, you are eligible to receive the schedular maximum monthly amount of VA disability compensation. So, when you look at it that way, there is no difference between the two in terms of the monetary benefit you will receive.
The VA refers to a 100 percent rating as schedular because it is based on the VA’s schedule of disability ratings, which runs from 0 percent to 100 percent disabled. Regardless of your work status, you can receive a schedular 100 percent rating if the VA feels your diagnosis and medical evidence warrant it.
TDIU, by contrast, is available to veterans who do not qualify for a schedular 100 percent rating but demonstrate that, due to their service-connected disabilities, they are incapable of maintaining substantially gainful employment. To qualify for TDIU, you must meet the following criteria:
- One service-connected disability with a rating of 60 percent or higher, OR multiple service-connected disabilities with a combined rating of 70 percent or higher (one of which must have a rating of 40 percent or higher); and
- Inability to maintain substantially gainful employment.
Are There Compensation Advantages to Receiving TDIU in Place of a Schedular 100 Percent Rating?
No. You will receive the same amount of monthly compensation for TDIU as you would for a 100 percent schedular rating. It is important to know that eligibility for and receipt of TDIU is dependent on your inability to work. You cannot receive TDIU and maintain substantially gainful employment. In contrast, if a veteran has a 100 percent schedular disability rating, he or she is able work and receive full VA disability compensation.
Because TDIU, by definition, is available due to your lack of ability to work, the VA can rescind your TDIU award if it finds out you are holding a job that it deems to be substantially gainful.
How Much Can I Earn for My 100 Percent VA Disability Rating?
As we noted above, the monthly benefit amount is the same for 100 percent disability and TDIU. However, you can receive more per month if someone relies on you for financial support. A 100 percent disability rating garners $3,057.13 per month for a veteran alone as of December 2018. Additional compensation depends on how many dependents you have:
- A veteran with a spouse receives $3,227.58
- Veteran with spouse and child: $3,352.41
Is Either Rating Permanent?
Your TDIU rating is not necessarily permanent. If the VA reduces your schedular rating or if you are able to work again, you may no longer be eligible for TDIU.
Your disability rating is only permanent if the VA grants you “permanent and total” status.
Have Additional Questions? Contact the Team at Chisholm Chisholm & Kilpatrick LTD for VA Disability Help
The veterans advocates at Chisholm Chisholm & Kilpatrick LTD are committed to helping you get the benefits to which you are entitled.
We have helped many veterans win the compensation they deserve. Let us put our resources and experience to work for you. Call us today for a free consultation: 800-544-9144.
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 »