To apply for TDIU you must include the following:
- VA Form 21-8940, Veteran’s Application for Increased Compensation Based on Unemployability
- Past employment information
- Education information
- Earnings history
The Correct Application Form
The official VA form to apply for Total Disability Based on Individual Unemployability (TDIU) is VA Form 21-8940, Veteran’s Application for Increased Compensation Based on Unemployability. When filling out this form, you must include all of the requested information along with any supporting documentation. Any inaccurate information or incomplete sections may lead the U.S. Department of Veterans Affairs (VA) to deny or defer your TDIU claim.
Medical evidence is often helpful in supporting your claim for TDIU. Specifically, you can submit any medical evidence that demonstrates how your service-connected disabilities prevent you from securing and maintaining substantially gainful employment.
Entitlement to TDIU does not require a service-connected disability to be evaluated at the 100-percent level. Instead, there are two forms of TDIU, each with their own rating criteria. Specifically, schedular TDIU requires either one service-connected disability rated at 60-percent or higher, or if there are two or more disabilities, at least one must be rated at 40-percent, with the additional disabilities bringing the combined rating to 70-percent or higher.
Extraschedular TDIU becomes available when your ratings fall outside of the criteria specified above.
Examples of helpful medical evidence include, but are not limited to:
- Lab reports
- Treatment notes
- VA examinations
- Dates of treatment and hospitalization
- Medical opinion or letter from your doctor
Past Employment Information
To be eligible for TDIU, you must be unable to secure and maintain substantially gainful employment due to your service-connected disabilities. VA Form 21-8940 requires you to list all of your employers for the last five years that you were working.
Note: the form is not asking for employment history for the last five years, rather the last five years you were actually still working. Upon receiving this information, VA will often request the employers listed to complete VA Form 21-4192, Request for Employment Information in Connection with Claim for Disability Benefit. While VA has a duty to request this information, you may need to assist in the process by ensuring they actually receive the completed form.
You must also provide information about your education and any training you received both before and after you became too disabled to work.
When completing VA Form 21-8940, you must also fill out sections pertaining to your salary while employed. Such information is important to determine whether you made substantially gainful earnings, i.e. earned an income above the poverty threshold.
For a Free VA Disability Case Evaluation, Call Chisholm Chisholm & Kilpatrick LTD at 800-544-9144
Have questions about your VA disability claim? The veterans lawyers at Chisholm Chisholm & Kilpatrick LTD want to help. For a free consultation with a member of our veterans law team, call our office at 800-544-9144.
- What Are Symptoms of Exposure to a Military Burn Pit?
- I Have Not Received a RAMP Letter. Can I Still Expect One?
- What is the Process in a CAVC or Veterans Court Appeal?
- 2018 Veterans Affairs (VA) Disability Calculator
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 »