If you have a medical or mental health condition that was either caused or worsened by military service, then you might be entitled to disability benefits through the Department of Veterans Affairs (VA). You can apply for VA disability benefits, and if your disability claim is approved, then you will receive a disability rating from the VA. This disability rating is then used to determine monthly compensation based on impairment charts.
If your service-connected disability is so severe that you are unable to work, then you may be eligible for Total Disability Individual Unemployability benefits, or TDIU. You may be eligible for individual unemployment benefits if you have at least one service-connected disability with a rating of 60% or higher, and you cannot hold down a steady job as a result. If you qualify for TDIU, then you will be eligible for health care benefits and monthly compensation.
Based in Cherry Hill, New Jersey, Bross & Frankel represents disabled veterans and helps them get the compensation that they deserve. We offer free claim reviews and never charge a fee in VA appeals cases unless we get money for you. Reach out today to schedule an appointment with a New Jersey veterans disability lawyer.
What Are TDIU Benefits?
Total Disability Individual Unemployability benefits – referred to as Individual Unemployability or TDIU – are benefits paid to military veterans who cannot work because of a medical or mental health impairment related to their service (known as a service-connected disability). If you qualify for TDIU, then you will receive disability compensation at the same level as a veteran who has a 100% disability rating.
To be eligible for individual unemployability benefits, you must meet two criteria. In addition to being a veteran of the Army, Navy, Air Force, Marines, Coast Guard, National Guard, or National Reserves, you must:
- Have at least one service-connected disability that is rated at 60% or more disabling, or have 2 or more service-connected disabilities with 1 rated at 40% or more disabling, and a combined disability rating of 70% or more; AND
- Be unable to hold down a steady job that supports you financially (known as substantial gainful employment) because of your service-connected disability. Marginal employment – such as odd jobs – do not count as substantially gainful employment.
In some situations, such as cases where a veteran cannot hold down a job due to frequent hospitalizations, it may be possible to qualify for TDIU benefits with a lower disability rating.
Per the VA, substantially gainful employment allows “earn their livelihood with earnings common to the particular occupation in the community where the veteran resides.” In other words, substantially gainful employment is an annual income that is above the federal poverty threshold for one person.
Determining whether a veteran is able to work includes both an economic and noneconomic component. In terms of economics, the VA will look at the veteran’s ability to earn more than a marginal income based on the federal poverty threshold. The noneconomic component looks at the veteran’s job history, education, skills, training, and whether the veteran has both the physical and mental ability to perform the activities required by the occupation at issue.
For example, consider a situation where a veteran has been diagnosed with post-traumatic stress disorder (PTSD) and received a 60% disability rating. He has received monthly disability payments for several years, but his condition recently worsened after being exposed to a traumatic event. He is easily startled, has difficulty concentrating, is having a hard time sleeping, and has angry outbursts. He is now unable to work at his current job as a machinist at a factory because of the severity of his PTSD.
This veteran could file a claim for additional disability compensation. The VA will then review his work and education history, his ability to participate in more than marginal employment, along with updated medical evidence, to determine if he qualifies for individual unemployability benefits. If the claim is approved, then his disability compensation will be increased to the same rate as a veteran with a 100% disability rating based on the VA rating schedule.
This type of benefit recognizes that even if a veteran is not considered “totally disabled,” their service-connected disability might still be severe enough that they are unable to engage in gainful employment. In this situation, the VA will pay a veteran additional compensation so that they can financially support themselves even if they are unable to work.
How Can I Get TDIU Benefits?
If you want to apply for TDIU benefits, then you will need to apply for these benefits from the VA. In addition to a standard veterans disability application, you will need to fill out two additional forms:
- A Veteran’s Application for Increased Compensation Based on Unemployability (VA Form 21-8940); and
- A Request for Employment Information in Connection with Claim for Disability Benefits (VA Form 21-4192).
Just as with the initial application for disability benefits, you will need to gather certain information and submit it along with these forms. Your most recent employer will have to complete the VA Form 21-4192 to provide information about your employment history.
Importantly, you should not assume that you do not qualify for TDIU benefits because you have a lower VA rating or because you can do some work. Remember, the VA looks at your ability to secure and maintain a job and earn more than the current limit for the federal poverty guidelines. Even if you have a lower disability rating, you might still qualify if your service-connected condition leaves you unable to work. This may be referred to as “extra-scheduler” TDIU (whereas regular TDIU benefits may be called scheduler benefits).
For example, consider a situation where you suffered a back injury while in the military. You received a 50% disability rating. However, you have limited education and job skills and largely qualify for jobs that require physical labor or for you to be on your feet for long periods of time. While you struggled through work days to start, you quickly realize that you aren’t able to handle the work at most jobs where you can get hired.
In this situation, you may be able to apply for individual unemployability benefits. The VA might argue that you are still capable of sedentary work – but a skilled New Jersey veterans disability lawyer can introduce evidence that proves that you are unable to sit for long periods of time (for example) or lift even relatively light objects. Even though you have a lower disability rating, a more holistic look at your ability to engage in substantially gainful employment may show that you qualify for TDIU benefits.
What Evidence Will I Need to Support My TDIU Claim?
You will need to prove to the VA that your medical condition is severe enough to prevent you from working to get individual unemployability benefits. This means submitting medical evidence to support your claim, such as medical test results, details on medical treatment, and doctor’s notes. You should also submit other documentation that shows your unemployability.
These types of claims can be difficult, particularly if you don’t meet the 60% or higher threshold for your disability rating. If you have questions about how to qualify for TDIU benefits, give our law offices a call to talk to a New Jersey veterans benefits attorney.
Are TDIU Benefits Permanent?
The VA may issue a rating decision for “permanent and total” disability for TDIU benefits. However, the VA can reduce or terminate TDIU benefits. This typically happens when a person shows improvement in their service-connected condition or when the veteran is able to maintain employment for 12 consecutive months.
If you have concerns about the VA terminating or reducing your individual unemployability benefits, reach out to our law firm today. Our New Jersey veterans disability attorneys can work with you to help you understand your rights and your options, including the potential to file an appeal.
How Bross & Frankel Can Help
If you have been diagnosed with a service-connected impairment, then you may be eligible for veterans disability benefits. If that condition leaves you unable to work, then your compensation may be bumped up to the equivalent of a total disability rating. Our law firm can work with you to help you understand your rights.
Bross & Frankel helps disabled veterans get the benefits that they are entitled to as a result of their military service. Although we cannot represent vets on initial disability applications, we can advise you of your rights – and help you file an appeal of a denial or unfavorable decision. To learn more or to schedule a free claim review with a New Jersey veterans disability lawyer, give us a call at 866-311-3796 or fill out our online contact form.