Individual Unemployability (TDIU): the 100% pay rate when you cannot work

What it is

Individual Unemployability is also called TDIU. VA pays you disability compensation at the same level as a Veteran rated 100 percent, even though your official rating does not change. The test is that a service-connected disability keeps you from having a steady job that supports you financially, which VA calls substantially gainful employment.

Who qualifies

You must already have a service-connected disability. VA sets a minimum rating on one condition or on a combination of conditions; the exact numbers are on our page Benefits at 100 percent and on VA's Individual Unemployability page. VA also says that in certain cases, for example if you need to be in the hospital often, you may qualify at a lower rating.

If your ratings do not meet the minimum, 38 CFR 4.16(b) tells VA rating boards to send the case of a Veteran who is unemployable because of service-connected disabilities to the Director of Compensation Service for extra-schedular consideration.

What "marginal employment" means

Marginal work is not counted as substantially gainful work. For the earnings limit and the exceptions, see our page Working with a disability.

How to get it, step by step

1. Make sure you have a service-connected disability rating. If not, file a disability claim first.
2. Fill out VA Form 21-8940, Veteran's Application for Increased Compensation Based on Unemployability. VA says you can submit it online or by mail.
3. Ask your most recent employer to complete VA Form 21-4192, Request for Employment Information in Connection with Claim for Disability Benefits. VA lists it as the employer's form.
4. Add evidence that your disability stops you from holding a steady job, such as a doctor's report or medical test results. VA will also review your work and education history.

Deadlines and traps

• VA can check on work after you are approved. If wage data matched with the Social Security Administration shows income above the poverty line, or VA gets other evidence of work, VA can ask you to complete VA Form 21-4140, Employment Questionnaire. You must answer within 65 days of the notice mailed to you. Do not ignore that letter.
• Your disability rating percentage stays the same. Only the pay level changes.

Where to call and where to go

Phone

• VA benefits hotline, Monday through Friday, 8:00 a.m. to 9:00 p.m. ET: 1-800-827-1000 (TTY: 711). Source: VA regional benefit office page and Helpful VA phone numbers
• Veterans Crisis Line, 24/7: 988, then select 1. Source: Helpful VA phone numbers

Official pages

• VA: Individual Unemployability
• VA Form 21-8940
• VA Form 21-4192
• How to file a VA disability claim
• If VA denies it: decision review options
• All VA special claims

Free accredited help

• Find an accredited representative (attorney, claims agent or Veterans Service Organization representative). VA says VSO representatives are always free.