TDIU (Individual Unemployability)

The basic requirements

Under 38 CFR § 4.16(a), VA generally looks for:

• One service-connected condition rated 60% or higher, or
• Two or more conditions with a combined rating of 70% or higher, with at least one rated 40% or higher,
• and evidence that your service-connected conditions prevent you from securing and keeping "substantially gainful employment."

If you don't meet those percentages, VA can still consider TDIU on an "extra-schedular" basis under § 4.16(b) when the evidence shows you can't work because of service-connected disabilities.

What "substantially gainful" means

Marginal employment doesn't count against you. That generally means earnings below the federal poverty threshold for one person, or work in a protected setting such as a family business or sheltered workshop. VA considers your education, work history, and the real-world effect of your conditions, not just whether some job exists somewhere.

How a TDIU claim is filed

• VA Form 21-8940: Veteran's Application for Increased Compensation Based on Unemployability
• VA Form 21-4192: sent to your recent employers for employment information
• Medical and vocational evidence describing your functional limits: what you can't do, for how long, and how often

How we help

We check whether you meet the schedular thresholds or are close (sometimes a pending increase or secondary claim gets you there). We gather employment and medical evidence that connects your limitations to real job requirements, and we prepare the TDIU forms. If TDIU is granted, we also review whether it's permanent, which can affect benefits for your dependents, such as DEA education benefits.