Extraschedular TDIU, or Total Disability Based on Individual Unemployability, allows a veteran who is unable to obtain and/or maintain substantially gainful employment but does not meet the criteria for schedular TDIU to receive disability benefits at the 100-percent level.
What Is Schedular Vs. Extra-Schedular TDIU?
To receive disability benefits, veterans must prove their medical condition meets several criteria. If the Department of Veterans Affairs (VA) determines a veteran meets the criteria, it will issue the veteran a disability rating. Ranging from 0 to 100 percent, this rating determines how much the veteran receives in monthly compensation.
In some cases, a service-connected condition leaves a veteran unable to work but does not meet the 100-percent rating criteria of that condition. In this case, the VA might assign the veteran a TDIU rating.
To receive schedular TDIU, veterans must meet the following criteria:
- Inability to work due to a service-connected disabling condition; and
- One service-connected disability with a 60-percent or higher rating; or
- Two service-connected disabilities, one rated at least 40 percent with a combined percentage of at least 70 percent
Not all veterans meet these criteria; these veterans might be entitled to extraschedular TDIU.
To qualify for extraschedular TDIU, you must demonstrate that the VA disability rating schedule is inadequate to accurately portray the functional limitations caused by your unique condition. This can be a difficult and ambiguous standard to meet. A VA disability lawyer familiar with extraschedular TDIU can help you put together a compelling case that you meet the proper criteria to get you a grant of benefits under this provision.
What Are the Requirements for Extraschedular TDIU?
According to regulation 38 C.F.R. §4.16(b), an applicant is eligible for extra-schedular TDIU when he or she is unable to obtain and maintain substantially gainful employment due to service-connected disabilities, but whose service-connected disability ratings do not meet the percentage requirements for TDIU under 38 C.F.R. 4.16(a).
This regulation also stipulates that for an extraschedular TDIU claim to be successful, the claimant must begin by showing a comparison between the severity of his symptoms and the established criteria to receive benefits at the schedular level. In other words, we must demonstrate that even though your condition does not qualify for schedular benefits, it affects your functional capacity in an equivalent manner to a condition that does qualify for schedular benefits.
Lastly, we must show that the medical conditions leading to your unemployability are all service-connected, meaning they arose as a result of an event, illness, or injury in your military service. If the VA believes that a non-service-connected condition is contributing to your unemployability, it might not grant you for TDIU, even if you otherwise meet the standards.
How Much Compensation Am I Eligible for Under Extraschedular TDIU?
TDIU, whether schedular or extraschedular, qualifies you to receive VA disability compensation at the 100-percent amount.
As of December 2018, a single veteran with no spouse or children who qualifies for TDIU will receive a monthly benefit of $3,057.13. A rating above 30 percent entitles a veteran to additional compensation for any dependents in his or her household. For example, a veteran with a spouse and no child will receive $3,227.58. A veteran with a spouse and child will receive $3,352.41 and a veteran with a child and no spouse will receive $3,084.75.
For Help with Your VA Disability Appeal, Call 800-544-9144 for a Free Attorney Consultation.
Unfortunately, it can be difficult to obtain TDIU, and many veterans who apply receive denials. At Chisholm Chisholm & Kilpatrick LTD, our veterans law attorneys focus on VA disability and can help you put together a winning appeal for extraschedular TDIU. For a free consultation, call 800-544-9144.« Return to the Veterans' Resource Center
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