Adjust Font Size:

In order to be eligible for Total Disability Based on Individual Unemployment (TDIU) veterans must meet certain criteria. In addition to meeting the combined disability rating threshold, you must be unable to obtain and maintain substantially gainful employment as a result of your service-connected conditions. If this is the case, it is possible for TDIU to be awarded on either a schedular or an extraschedular basis. Determining whether you qualify for TDIU on a schedular or an extraschedular basis depends on your current disability ratings. Read on to learn more.

Continuing to Meet the Requirements for TDIU

You Are Unable to Secure and Follow Substantially Gainful Employment

The inability to secure and follow substantially gainful employment due to your service-connected conditions is the foremost requirement for TDIU eligibility. Substantially gainful employment refers to any employment that is not marginal. Marginal employment is that which 1) does not yield an annual income above the federal poverty threshold, or 2) takes place in a protected work environment.  A protected work environment is one that provides considerable accommodations for a veteran’s service-connected conditions without which the veteran would be unable to continue working.

Once you are granted TDIU, VA will require you to fill out Form 21-4140: Employment Questionnaire on an annual basis until the age of 70.  If VA can prove you were able to maintain substantially gainful employment for “a period of 12 consecutive months,” it may reduce or terminate your TDIU benefits.

Your Disability Rating Meets or Exceeds TDIU Thresholds

Aside from establishing that you are unable to secure and maintain substantially gainful employment, you must also meet specific VA disability rating requirements to receive TDIU. While the compensation of TDIU is equivalent to a 100 percent disability rating, you are not required to have a 100-percent-rated condition in order to be eligible. Instead, you can qualify for TDIU on a schedular basis if:

  • You have a single service-connected condition rated at 60 percent or above or;
  • You have a single service-connected condition rated at 40-percent, and additional service-connected disabilities that bring your combined rating to 70 percent or higher.

However, if your service-connected disabilities do not meet one of these two schedular thresholds, you can apply for extraschedular TDIU. TDIU on an extraschedular basis is warranted when a Veteran does not meet the disability rating criteria outlined above, but is still unable to secure and maintain substantially gainful employment as a result of his or her service-connected conditions.

Is TDIU Permanent?

TDIU can be permanent if VA determines you have a static disability (i.e., a medical condition that will not change or improve).

There are three ways VA will indicate that your TDIU rating is total and permanent. Your rating decision may:

  • Include a statement such as “Eligibility to Dependents Chapter 35 DEA/CHAMPVA are established.”
  • Include the phrase “No future exams are scheduled” (as VA is not planning to reevaluate your condition at a later date.)
  • Include language such as “total disability that is permanent in nature”

For Help Obtaining the Disability Benefits You Need, Contact CCK for a Free Disability Case Evaluation

The team at Chisholm Chisholm & Kilpatrick LTD works with Veterans seeking VA benefits including TDIU. We have extensive experience dealing with TDIU cases and we have the knowledge and resources to pursue the benefits to which you are entitled. For a free case evaluation with a member of the CCK veterans law team, call today: 800-544-9144.

« Return to the Veterans' Resource Center

SUGGESTED READING

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 » K. Nade, October 2017
  • 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 » Anonymous, October 2017
  • 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 » C. Marie, September 2017
  • 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 » Edward M., September 2017
  • 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 » Anonymous, September 2017
  • 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 » Gene W., July 2017
  • 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 » Sarah C., June 2017
  • 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 » Raul B., March 2017
  • Badge
  • Badge
  • Badge
  • Badge
  • Badge
  • Badge
  • Badge
To Top
Click to call
x

CONTACT US FOR A FREE CASE EVALUATION