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TDIU (individual unemployability)

Total Disability based on Individual Unemployability pays at the 100% rate when your service-connected conditions prevent you from holding "substantially gainful employment", even if your schedular rating is lower.

38 CFR § 4.16

What TDIU is

If your service-connected conditions stop you from holding a regular job, you can be paid at the 100% rate even if your combined schedular rating is only 60-90%. This is Total Disability based on Individual Unemployability (TDIU), governed by 38 CFR § 4.16.

Two paths to qualify

Schedular TDIU (§ 4.16(a)), automatic consideration if:

Extraschedular TDIU (§ 4.16(b)), for veterans below the schedular thresholds whose conditions still prevent employment. Requires VA Director of Compensation Service approval. Harder, but possible.

"Substantially gainful employment" test

Your earnings must be below the federal poverty threshold (~$15,060/yr for 2024). Sheltered or odd-job income doesn't count against you, a "marginal employment" exception exists.

What to file

  1. VA Form 21-8940. Veteran's Application for Increased Compensation Based on Unemployability. This is the core form.
  2. VA Form 21-4192. Request for Employment Information, sent to your last employer.
  3. Personal statement describing why your conditions prevent work, be specific about what tasks you can't do, frequency of flare-ups, missed days.
  4. Medical evidence showing the impact of conditions on work capacity. Vocational expert opinions can help.

TDIU and other benefits

What hurts a TDIU claim

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This guide is for general informational purposes only and is not legal or medical advice. VA Ready is not affiliated with, endorsed by, or connected to the U.S. Department of Veterans Affairs. Regulations and procedures change; always verify current requirements at VA.gov and consult a VA-accredited representative for help with your claim.