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TDIU / Unemployability

When service-connected disabilities prevent you from holding substantially gainful employment, VA can pay you at the 100% rate even if your combined rating is below 100%. We build TDIU claims grounded in vocational and medical evidence.

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What Is TDIU?

Total Disability based on Individual Unemployability (TDIU) is a VA benefit that allows a veteran to receive compensation at the 100% rate even if their combined disability rating does not reach 100%. It is available when service-connected disabilities alone prevent the veteran from securing or maintaining substantially gainful employment — that is, work paying above the poverty threshold.

TDIU is one of the most significant benefits the VA offers. The difference between, say, a 70% combined rating and a 100% rating can mean several hundred dollars per month in additional compensation. For veterans who are genuinely unable to work because of their service-connected conditions, TDIU is often the correct and deserved outcome.

Eligibility Requirements

There are two paths to TDIU eligibility under the VA's schedular criteria:

  • Single disability at 60% or higher — one service-connected disability rated at 60% or more
  • Multiple disabilities at 70% combined — combined rating of 70% or higher, with at least one disability rated at 40% or more

Even if a veteran does not meet these thresholds, TDIU may still be granted on an extraschedular basis if the case is referred to the Director of Compensation and it is found that the veteran's disabilities render them unemployable. This is a narrower path but an important one for veterans whose situations do not fit neatly into the standard criteria.

What We Look At

A successful TDIU claim requires demonstrating two things: that the veteran's disabilities meet the rating threshold, and that those disabilities — not age, not unrelated conditions — are what prevent employment. We examine:

  • Current combined and individual disability ratings and whether increases are warranted before filing TDIU
  • Employment history and the nature of jobs held after service
  • Medical documentation of functional limitations directly tied to service-connected conditions
  • Lay statements from the veteran, family, and former employers or coworkers
  • Whether a VA vocational rehabilitation determination exists and how it bears on the claim
  • Marginal employment situations that do not constitute substantial gainful employment

Protecting an Existing TDIU Grant

If you are already receiving TDIU, the VA can propose to reduce or terminate it based on improvement in your condition or a finding that you have returned to substantially gainful employment. We also assist veterans in responding to proposed reductions and in protecting awards that have been in place for an extended period, which are subject to stricter procedural protections before they can be reduced.