Veteran disability provided by the U.S. Department of Veterans Affairs (VA) is an important piece of the financial puzzle for many veterans and their families. Service-connected injuries, illnesses, and medical conditions can have a significant impact on a veteran’s ability to work and provide for their family, and monthly disability compensation is a vital resource to help pay bills.
The need for disability compensation is even more pronounced for veterans with more severe service-connected disabilities — and that is where Total Disability Based on Individual Unemployability (TDIU) comes in. Veterans may have questions about this designation and we are here to help at QRF Legal Services in Lakeland, FL with this guide that includes an explanation of TDIU and highlights how to qualify for Total Disability Based on Individual Unemployability.
What Are TDIU Benefits?
Total Disability Based on Individual Unemployability is intended for disabled veterans who cannot work a job that is substantially gainful. The U.S. Department of Veterans Affairs defines a job or career substantially gainful if it provides an income that is above a pre-established poverty line. Veterans can apply for TDIU benefits by filling out VA Form 21-8940.
Veterans who qualify for TDIU benefits based on their service-connected injury, illness, or medical condition do not need to have a 100% disability rating — but they will receive compensation based on a 100% disability rating. TDIU benefits can be granted based on a single severe disability rating or a combination of multiple disability ratings.
A veteran can apply for TDIU benefits if they cannot maintain employment due to the nature of their service-connected disability — whether that disability is physical, based on mental health, or a combination of those two disabilities. TDIU benefits are evaluated on a case-by-case basis, but can be permanent based on if the disability can improve over time. Veterans who are not able to work full-time and receive TDIU benefits may still be able to work part-time and earn additional income in select scenarios.
How Do Veterans Qualify for TDIU Benefits?
To be eligible for TDIU benefits, veterans must meet three basic criteria — a service-connected injury, illness, or medical condition that meets TDIU criteria, a single or combined disability rating that meets TDIU criteria, and an inability to retain substantially gainful employment.
Here is a closer look at the criteria that veterans must meet to qualify for TDIU benefits and compensation:
Service-Connected Disability
Like with any VA disability benefits, veterans who hope to receive TDIU benefits must be able to prove that their injury, illness, or medical condition is connected to their military service. A direct service connection is not always easy to prove for veterans — but secondary service connections provide an additional avenue for veterans to receive benefits based on symptoms that are directly related to a previously established service-connected condition. A service connection needs to be proven based on evidence from service records, medical records, work history, vocational assessments, and Nexus letters.
TDIU Disability Ratings
To qualify for TDIU benefits, veterans can have a single severe disability rating or multiple disability ratings that combine for a higher rating. Veterans must have a single disability rating that is 60% or higher and prevents substantially gainful employment OR multiple service-connected disability ratings of 40% or higher that combine for a disability rating of 70% or higher.
Service-Connected Unemployability
Like we mentioned above, for a veteran to qualify for TDIU compensation, they must be unable to maintain a job or career that is considered substantially gainful based on the level of income. Factors that can influence substantially gainful employment include frequent absences from work, physical limitations that prevent you from performing certain tasks at work, or a mental health condition that impacts the veteran’s ability to work.
What Is Extra-Scheduler TDIU?
Veterans who apply for TDIU benefits may encounter the term extra-scheduler TDIU and may not know what it is. This is a special benefit for disabled veterans whose combined disability rating may not meet the standard threshold — but are still severe enough that the veteran cannot maintain substantially gainful employment. This is built-in to TDIU benefits to provide a provision for veterans with cases that are an exception to the rule with a severe disability that surpasses standard criteria, may require frequent visits to the hospital, or has significant symptoms that prevent the veteran from working. These cases are determined by the VA Compensation and Pension Service Director.
READ MORE: What Happens If Your VA Disability Claim is Denied?
We hope that this article helps explain TDIU and how to qualify for Total Disability Based on Individual Unemployability and answers some of your questions about veteran disability benefits. Contact QRF Legal Services today for information about how we can help you submit a successful disability claim in the Lakeland area.
