What is Total Disability Individual Unemployability (TDIU)?
Updated November 6, 2022 Veterans DisabilityThe Department of created a program for who stopped working because of a .
The is based on a of 100%, and only with at least a 60% scheduler rating qualify for .
Keep reading to find out what qualifies for , how to apply, and what to do in the case of denial.
Who can qualify for an ?
Any Veteran unable to continue "substantially gainful" due to a can apply for some type of .
A job is defined as a "substantially gainful" occupation if its wages exceed the national poverty threshold.
In some situations, may qualify for even if their job pays above the poverty threshold.
Any service-related physical or mental impairment can qualify for , and the qualification can be scheduler or extra-.
The scheduler and extra scheduler requirements to qualify for include the following:
- The veteran's is service-connected and rated to at least 60% disabling; OR
- The veteran has multiple service-related Disabilities, and one condition is rated at least 40%, and the overall rating of both conditions is at least 70%.
The extra- is for with conditions that prevent them from working but do not meet the required percentage threshold. These cases are common among older with severe health conditions like back pain.
What if my requirement does not meet the schedular ?
who don't meet the scheduler requirements for may still be eligible for extraschedular as long as they can prove that the previous review from the does not match the limitation experienced from their condition.
Is permanent?
can be permanent but not automatic. Permanent are usually indicated in the veteran's decisions. A total and permanent requirement is valid when:
VA checks the "permanent and Total" box on the form.
The form indicates "no further schedule of exams."
The approval letter state that the veteran qualifies for CHAMPVA or CHAPTER 35 benefits.
In addition, temporary can also become permanent. This is common among above 70 years old or those who have received consecutively for at least 20 years.
What is the Financial Amount of ?
benefits are paid based on a 100% equivalent of $3,332.06 monthly for a veteran in 2021.
may also receive monthly that serves dependent children or spouses.
Do I Qualify for if I'm Currently Working?
benefits are designed for with service-related disabilities and unable to obtain and maintain .
Two situations determine whether the veteran may maintain and still be eligible for benefits:
Marginal : A veteran who currently works but earns below the poverty threshold may be eligible for benefits.
Protected work environment: When an employer makes a special accommodation to enable the veteran to work without pay or reduction, it's a protected work environment.
working under a protected work environment may qualify for benefits—check for yourself where you fall in terms of eligibility here.
How Do I Apply for Benefits?
To apply for benefits, must complete a and submit the form to the VA. can submit online, by email, fax, or in person at a local VA office or through the help of a VA-accredited representative.
What is the Evidence Required to Prove Entitlement to ?
To prove entitlement to individual , can provide vocational and to the such as medical records and , social security determinations, lay evidence, vocational assessment, medical opinion, etc.
What conditions can make VA reduce or cancel active unemployability benefits?
VA can decide to reduce or cancel unemployability benefits for several reasons, such as:
- If you don't submit the 21-4140 every year. Please submit this form to avoid the reduction or termination of benefits.
- If you're able to maintain and get back to work.
- If there's an improvement in your , resulting in a lower .
Does VA Consider Age When Determining Eligibility?
No, VA does not consider age as a criterion for eligibility. Therefore, the criteria remain the same even if the applicant retired long ago.
Can I collect and Simultaneously?
Yes, can simultaneously qualify for TDUI and SSDI benefits without offsets.
Remember that each program comes with unique requirements, and what qualifies for for one doesn't automatically guarantee acceptance for the other.
What if VA denies my unemployability benefits application?
If denies the for service-related , the decision can be appealed. must appeal the denied within one year. To appeal, it's best to use the help of an expert attorney. This help is the key to ensuring a successful application.
Top tips for winning a
Submit the 21-8940 form on time
The DRO or rating officer will automatically deny a of a file without the form. While this doesn't seem right, it's the reality of how most VA regional offices approach claims. These forms are usually sent out as part of a VCAA letter. However, it is also downloadable from the VA's website. Overall, It's important to know how to file for benefits.
Provide past information by asking your last employer to fill out the 21-4192.
If you cannot reach out to your last employer or there's none, clearly state this in the form with a supporting statement for the .
Get a doctor's statement about how service-connected disabilities stopped you from working.
Do this now. Use the help of multiple doctors. Ask a general doctor and a specialist. For instance, if you have hearing loss, contact an audiologist to write a short statement regarding your condition.
How Trajector can help
At Trajector, our goal is to help pursue the benefits they're entitled to.
If you filed a and were denied, we can help. Following the denial, we can help file a notice of Disagreement (NOD) or a Higher Level Review (HLR) request.
Remember that these are time sensitive, and you must file the HLR or NOD request within one year of denial; else, the decision becomes final.
At Trajector, we can choose the right appeal type for your condition, review the VA's denial, and submit every necessary detail on your behalf.
We understand what it means to you to win your , and we're happy to help-contact us now to get started.
