VA Total Disability Individual Unemployability (TDIU) Benefits
Fighting to Help Veterans Receive the Compensation They Deserve
If you are unable to work because of a service-connected injury, you may be entitled to unemployability benefits. Even if your injury or disability is not rated 100%, you may be able to obtain a total disability benefit based on individual unemployability. The legal team at West & Dunn is here to help qualified veterans who have been denied entitlement to TDIU appeal or reopen their disability claims and seek TDUI benefits. We work with veterans nationwide.
For the legal representation you need and deserve, telephone (608) 490-9449 or contact us online today. We offer free initial case reviews.
TDIU is a part of the VA’s disability compensation program that allows qualifying veterans to receive compensation at the 100% rate even if their combined evaluation is not 100%. The compensation is meant to help veterans whose disabilities prevent them from maintaining gainful employment.
What Are VA Disability Ratings?
A VA disability rating is a percentage assigned to a veteran’s service-connected disability. The percentage is based on the severity of the condition. Rating adjudicators use the VA Schedule for Rating Disabilities (VASRD), which assigns each disability a diagnostic code and assigns percentages (at10% increments) depending on the severity of the condition. If your condition or illness is not listed in the rating schedule, the VA will rate it by analogy, which means they will use a similar condition that is listed in the rating schedule to assign a rating.
If more than one condition is service-connected, VA will combine all evaluations using the combined rating table to arrive at a combined rating. A 100 percent combined evaluation is the highest possible evaluation. However, you do not have to receive a 100% disability rating to qualify for unemployability benefits.
Eligibility Requirements for TDIU Benefits
You may be eligible for TDUI if you:
- have at least 1 service-connected disability rated at 60% or more, or
- have a combined evaluation of 70 % or more with at least one disability rated 40% or more, and
- you can’t maintain steady employment to support yourself financially (i.e substantially gainful employment) because of your service-connected injury.
If your disability rating does not meet the requirements, you should still consult with an attorney and consider applying for benefits. In certain cases, exceptions can be made if you are often hospitalized because of your service-connected disability.
What Does Substantially Gainful Mean?
“Substantially gainful” employment refers to work that results in earnings above the poverty level. An experienced VA disability attorney can help you determine whether you qualify for this benefit.
How to Receive These Benefits
You can apply for TDUI benefits by completing VA Form 21-8940. You will have to provide information concerning your service-connected disability, work history, medical history, educational background, and more. If you have any prior denials for TDUI, we can also help with your appeal as the appeals process can be more difficult.
At West & Dunn, we are proud legal advocates for veterans. Let us help you! To schedule a free case review concerning your TDUI application or appeal, contact us online or call (608) 490-9449.
I am grateful they took my case and I highly recommend them.- Andrew L.
An outstanding representative for all veterans.- Dr. R.
This firm is very knowledgeable in VA Laws and Regulations, understanding that every case is unique to the individual.- Ray Reid
The professional skills and commitment Attorney Dunn has consistently shown in each of my appeals is confirmed by her success.- Tedd Welch, Vietnam Veteran
They were extremely responsive, professional and honest.- Michael B.