Individual Unemployability – IU or TDIU
Many Veterans rated at less than 100 percent disabled by the Department of Veterans Affairs (VA) cannot work due to their service-connected disabilities. This can be frustrating because, while the Veteran believes they should be assigned a total disability rating, VA does not always believe that their symptoms qualify for a 100 percent rating.
In situations like this, it is possible for the Veteran to be paid by VA at the 100 percent rate, even though the Veteran doesn’t have a 100 percent rating. This important VA benefit is called unemployability or Total Disability for Individual Unemployability (TDIU).
Individual Unemployability is Based on the Veteran's Specific Circumstances
In short, VA grants the TDIU benefit to the Veteran once VA has determined the Veteran can’t work due to service-connected disabilities. The criteria for qualifying for TDIU is supposed to be based on the Veteran’s individual circumstances, including their work history, skills, training, and education. Keep in mind that TDIU is not a benefit for Veterans who are temporarily out of work.
TDIU Eligibility
According to VA regulations, to qualify for TDIU, a Veteran must be unable to maintain substantially gainful employment and have one of the following VA ratings:
· One service-connected condition rated at least 60 percent, or
· Two or more service-connected conditions, with at least one rated at 40 percent or more, and a combined rating of 70 percent or more.
TDIU Benefits Can be Difficult to Obtain
Even if a Veteran qualifies under one of the two above criteria, TDIU can still be difficult to obtain, especially if a VA doctor fails to fully describe the Veteran’s level of disability. Understanding VA’s complex rules for TDIU and then submitting all of the paperwork can be a challenge for Veterans. At Bergmann & Moore, we work to win our Veteran client’s service connection, and we also ensure the proper ratings are established, including entitlement to TDIU.
TDIU Payment Example
The following examples show the significant monetary difference between a 70% rating and a 100% rating, based on VA disability compensation rates effective December 1, 2021.
Example One: Single Veteran, no dependents: 70 percent combined rating, paid at the 70 percent rate = $1,529.95 per month, or $18,359.28 per year, tax-free.
Example Two: Single Veteran, no dependents: 70 percent rating on PTSD, VA granted TDIU, and paid at 100 percent rate = $3,332.06 per month, or $39,984.72 per year, tax-free.
Bottom Line: The Veteran’s increased compensation based on a VA grant of TDIU would be slightly over $21,000 per year.
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Disclaimer: This information is not legal advice. Using this information, understand that there is no attorney-client relationship created by reading or using the information on this website.