In general, neither the 100-percent schedular rating nor TDIU is better than the other, as they both provide VA disability compensation at the 100-percent rating level. However, depending on your circumstances, one of these options might be more beneficial to pursue.
What Are the Differences Between TDIU and 100-Percent Schedular Disability?
TDIU and 100-percent schedular VA disability differ in two main areas:
- The qualifying criteria
- The work restrictions
They do not have different benefit amounts, as both provide the same monthly compensation.
A total disability rating based on individual unemployability (TDIU) does not rely solely on the rating criteria of a specific condition to grant benefits, but rather depends on your ability to work. While there are specific requirements regarding your disability ratings, TDIU allows you to receive compensation at the 100-percent level, even if your service-connected conditions do not meet the 100-percent rating criteria. However, with the 100-perent disability rating, you do not have the same restrictions on work activity that you do with TDIU. As such, if you meet the 100-percent rating for your service-connected disability, and you are still able to work, then you may do so.
100-Percent Schedular Disability Qualifying Criteria
The eligibility requirements to qualify for the 100-percent schedular disability rating are rather straightforward:
- You must have a service-connected disability; and
- VA must rate it at the 100-percent level as outlined by the criteria for that condition.
TDIU Qualifying Criteria
To qualify for TDIU, you must prove you are unemployable. By VA’s definition, unemployable means you are not capable of obtaining and maintaining substantially gainful employment as a result of your service-connected condition(s).
TDIU can be awarded on either a schedular or an extraschedular basis. TDIU on a schedular basis requires the following:
- A single service-connected condition with a rating of at least 60-percent; or
- 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 disabling or higher.
Extraschedular TDIU is available if you do not meet the rating requirements outlined above, but you are still unable to secure and maintain substantially gainful employment due to your service-connected conditions.
TDIU Work Restrictions
TDIU criteria requires that you are unable to obtain and maintain substantially gainful employment as a result of your service-connected conditions. Here, substantially gainful employment is typically that which does not yield an annual income that exceeds the national poverty threshold. Therefore, TDIU does not preclude employment entirely. If you are only able to work on a limited basis, and your earnings fall below the poverty threshold, VA will not consider this substantially gainful employment. As such, you are still eligible for TDIU.
Call Chisholm Chisholm & Kilpatrick LTD Today for a Free VA Disability Claim Evaluation
The Chisholm Chisholm & Kilpatrick LTD veterans law team helps Veterans fight for the VA disability benefits to which they are entitled. We offer a free case evaluation to determine how we might be able to help you. Call our office today at 800-544-9144.« Return to the Veterans' Resource Center
- Does VA Consider Age as a Factor for TDIU?
- What Diseases Are Associated with Agent Orange Exposure?
- Do I Qualify for TDIU if I Can’t Maintain Employment?
- I Don’t Meet VA’s TDIU Eligibility Requirements. Should I Give up on Qualifying for TDIU?
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 »