The monthly compensation amount for TDIU is equivalent to that of a 100 percent schedular disability rating. However, the requirements for entitlement to TDIU differ from the requirements of a 100 percent schedular rating. Namely, TDIU requires a veteran to show that he or she is unable to secure and maintain substantially gainful employment as a result of his or her service-connected disabilities. On the other hand, a 100 percent schedular rating does not always consider impact on employment. Instead, a 100 percent schedular rating is based on the severity of the veteran’s service-connected conditions as determined by the rating criteria.
Whether you are pursuing Total Disability Based on Individual Unemployability (TDIU) or a 100 percent schedular rating, a veterans lawyer can help you gather evidence and make your case.
The Difference Between TDIU and 100 Percent Schedular VA Disability Benefits
The difference between TDIU and a100 percent schedular rating is the eligibility requirements for each.
There are two ways scenarios in which a veteran may be assigned a schedular 100 percent rating. The veteran must have one service-connected condition that meets the 100 percent rating criteria specified for that condition. Or, the veteran must have multiples service-connected disabilities whose individual disability ratings combine to 100 percent.
For veterans who do not have a 100 percent schedular rating, but are disabled to the point that they are unable to obtain and maintain substantially gainful employment, TDIU presents another option to receive compensation at the 100 percent amount.
To qualify for TDIU, you must be unemployable. Per VA’s regulation, unemployable means you are unable to secure and follow substantially gainful employment due to your service-connected conditions. Furthermore, substantially gainful employment is employment that 1) is not marginal, and 2) earns an annual salary that is above the federal poverty level.
TDIU can be awarded on either a schedular or an extraschedular basis.
Schedular vs. Extraschedular TDIU
The schedular requirements for TDIU are as follows:
- A veteran must have a single service-connected condition with a rating of at least 60 percent; or,
- A veteran must have at least two service-connected conditions with a combined rating of at least 70 percent, and with at least one of the conditions rated 40 percent or higher.
Extraschedular TDIU is available if you do not meet the requirements outlined above, but you are still unable to secure and maintain substantially gainful employment due to your service-connected conditions.
Why Might I Want a 100 percent Schedular Rating versus TDIU?
The biggest difference between TDIU and a 100 percent rating is the impact TDIU has on a veteran’s future employment status. There are no restrictions on a veteran’s ability to work with a 100 percent schedular rating. However, because TDIU is predicated on unemployability, VA can and will revoke it if you become employable again.
Is 100 Percent Schedular VA Disability Permanent?
Both the100 percent schedular rating and TDIU have the potential to be permanent and total.
To assign you a permanent 100 percent rating, VA must classify your condition as permanent and total (P&T). VA only classifies disabilities as P&T when it is believed that you have little to no chance of ever recovering from your condition. VA can classify you as P&T whether you receive your benefits via a schedular rating or TDIU.
What Happens if I Am No Longer Unemployable? Can I Still Receive 100 Percent Disability?
Yes. If you receive a 100 percent rating on a schedular basis, employability is not factored into your rating. As such, you will continue receiving benefits at the 100 percent level as long as your disabilities continue to meet the rating criteria specified.
However, TDIU is contingent upon your continued inability to secure and maintain substantially gainful employment. If VA receives evidence that you are maintaining substantially gainful employment, or believes your condition no longer prevents you from doing so, TDIU benefits can be revoked.
For a Free VA Disability Case Evaluation, Call Chisholm Chisholm & Kilpatrick LTD at 800-544-9144
The veterans law attorneys at Chisholm Chisholm & Kilpatrick LTD are dedicated to helping Veterans receive the VA benefits to which they are entitled. For a free consultation, call our office at 800-544-9144 today.« Return to the Veterans' Resource Center
- What Should You Include in Your Claim for TDIU?
- I Don’t Meet VA’s TDIU Eligibility Requirements. Should I Give up on Qualifying for TDIU?
- What Are the Immediate, Short-Term, and Long-term Effects of Burn Pit Smoke Exposure?
- Can I Opt-In to RAMP Without Receiving an Invitation Letter?
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 »