If a veteran is disabled and unable to work and their disability compensation doesn’t provide enough financial support, they may be eligible for Individual Unemployability (TDIU). TDIU is a benefit provided by the VA for veterans who are unable to maintain employment due to their service-connected disabilities, even if their disability rating is below 100%. This benefit is to help support veterans who are unable to work due to their condition. It is important for veterans to be aware of the eligibility requirements for this benefit so that they can take advantage of it and live a more financially stable life.
Who Qualifies for TDIU?
Veterans must prove that their disability is service-connected. In many cases, the veteran may have already gone through the VA disability claims process and received a disability rating, which requires proof of service connection. In order to qualify for TDIU, veterans must meet specific criteria regarding their disability rating
- They must have one service-connected disability rated at least 60%, or
- Two or more service-connected disabilities with a combined rating of 70%, with at least one disability rated at a minimum of 40%
There are also certain employment limitations the veterans must not exceed. TDIU benefits are given to veterans based on their inability to maintain substantially gainful employment due to their disabilities. Meaning that the veteran cannot perform work that provides a living wage, or pays more than the poverty threshold.
- If a veteran is capable of working but is only able to find low-paying or irregular jobs, they may still qualify for TDIU if they cannot maintain a job that provides sufficient income.
- Additionally, there may be situations where veterans perform odd jobs or work part-time at earnings below the poverty line. While this employment doesn’t disqualify a veteran, it may show that they are not capable of maintaining stable, gainful work, which may help support a TDIU claim.
How to Apply for TDIU
Applying for Total Disability Individual Unemployability (TDIU) can be overwhelming, especially if you have already gone through the disability claims process. Luckily, it is a similar process focused on gathering proper documentation and evidence. Here’s how to navigate the application:
1. Gathering the Right Evidence
Before you submit your application, it’s important to gather everything you’ll need to support your claim. This includes medical records and doctors’ opinions. A doctor’s opinion descibing how your disability affects your ability to work can be especially helpful.
The form you need to submit for your application is VA Form 21-8940. It is important to fill out this form completely and accurately by including all relevant information about your conditions and how they prevent you from working. Additionally, you should include your employment history and be clear about how your service-connected disabilities made it difficult or impossible for you to maintain employment.
2. Submitting Your Application
You can submit your completed application in one of three ways:
- Online through the VA’s eBenefits portal.
- By mail to your local VA regional office.
- In person at a VA office.
Make sure to include all supporting documents, like your medical records and any letters from doctors or employers. Missing even one document could delay your claim.
After submitting, check the status of your claim regularly. If the VA needs more information or documentation, be sure to respond quickly to avoid delays in processing.
Securing the Benefits You Deserve
For veterans who are unable to work due to their service-connected disabilities, TDIU can be a critical component to living a financially stable life. If you think you might qualify for TDIU, you should be sure to educate yourself on the eligibility requirements and application process. Contact Coskrey Law today for a free consultation to discuss your eligibility and get professional help with your TDIU claim. We’re here to support you every step of the way.