Did you know?

Working with a service-connected disability — and what TDIU means

There is a VA benefit that pays at the 100 percent rate when your service-connected conditions keep you from holding a real job. It is called TDIU. Most veterans have never heard the word.

TDIU on VA.gov
Veterans Crisis Line — dial 988, then press 1. Text 838255. Chat at veteranscrisisline.net. TTY 711 then 988, or 1-800-799-4889. 24 hours a day, 7 days a week. You do not have to be enrolled in VA benefits or health care to connect. Losing work you used to be able to do is heavy. If it has you in a dark place, make the call first and read the rest of this later.
Why I built this page. I spent two years in the transition office at Fort Riley. I watched Soldiers turn down paid work they could have handled because somebody told them it would cost them their VA check — and I watched others take the work and never report a dollar of it. Both of those cost a veteran money. Here is the line, as VA and the IRS write it. I am one man with a binder. I am not VA, and I am not your accountant.
Start here

What TDIU is

TDIU stands for Total Disability based on Individual Unemployability.

  • It is VA disability compensation paid at the 100 percent rate to a veteran whose service-connected conditions prevent substantially gainful employment — VA's phrase for real, self-supporting work.
  • Your ratings on paper do not have to add up to 100 percent. That is the whole point of TDIU: the rating schedule says one number, your actual ability to hold a job says another, and TDIU closes that gap.
  • The conditions have to be service-connected. A back you wrecked on active duty counts. So does PTSD, depression, anxiety, or a traumatic brain injury, if it is service-connected.
VA sets rating requirements for this. Do not rule yourself out on your own. Let VA or an accredited representative look at your actual ratings and your actual work history before you decide you do not qualify.
★ Rated less than 100. Paid at 100.
The line

Working does not automatically end TDIU

This is the part people get wrong in both directions.

Under 38 CFR 4.16(a), marginal employment — earned annual income at or below the poverty threshold the Census Bureau publishes for one person — is not substantially gainful employment, and it does not by itself end TDIU.
  • Earnings above that threshold can end it.
  • Part-time work, seasonal work and odd jobs often fall under the line. Often is not always.
  • The threshold is a Census Bureau figure and it resets. I will not print a number here that goes stale in your binder — read the rule and get the current figure.
The rule is short. Read it yourself: 38 CFR 4.16.
★ Know where the line is before you cross it.
Before you say yes

Take the job — after you make the call

If you are paid at the 100 percent rate on Individual Unemployability, make one call first.

  • Talk to VA or an accredited representative before you start taking paid assignments. Free. That is what accreditation is for.
  • Bring what the work actually is: hours, pay, how often, whether it is a W-2 job or contractor pay.
  • Report your income to VA. Not reporting is how a legitimate second career turns into an overpayment you have to pay back out of future checks.
  • Keep your own records — dates worked, what you were paid, what it cost you to do the work. If VA ever asks, you want the paper in a folder, not in your memory.
★ Report it. Keep the paper.
Self-employment

1099 work, side work, contractor pay

A lot of the work veterans pick up is contractor work, not a payroll job.

  • It is still earned income. It counts the same way toward the TDIU question above.
  • Nobody withholds taxes out of it. That check is the whole check, and the tax comes later.
  • Per the IRS, if you net $400 or more from self-employment you must file Schedule SE and you owe self-employment tax of 15.3 percent — 12.4 percent Social Security plus 2.9 percent Medicare — on top of income tax.
  • The 12.4 percent Social Security portion applies only up to the yearly wage base, which the IRS re-sets every year.
  • Half of your self-employment tax is deductible in figuring your adjusted gross income. Most people who owe it do not know that.
IRS, in its own words: Self-Employment Tax (Social Security and Medicare Taxes). Set money aside as you earn it. That bill arrives whether you saved for it or not.
★ The whole check is not yours yet.
Different benefit

Veterans Pension does not work like this

If your monthly money is Veterans Pension, the rules above are not your rules.

  • Veterans Pension is needs-based. It is not disability compensation, and plenty of veterans are not sure which one they get.
  • VA pays the difference between your countable income and the Maximum Annual Pension Rate.
  • Money you earn from work is countable earned income. It will reduce your monthly payment, and enough of it will end the payment.
  • Report your earnings to VA. Same reason as above — an unreported raise becomes a debt.
VA's own rate page, which is where the current figures live: va.gov/pension/veterans-pension-rates. Not sure which benefit you receive? Ask VA. It is a two-minute question.
★ Know which check you get.
Next step

If you think TDIU is you

  1. Read VA's own page on it: va.gov/disability/eligibility/special-claims/unemployability.
  2. Get an accredited representative — a VSO, an accredited agent, or an accredited attorney. A VSO does not charge you. Nobody needs a cut of your back pay to file this.
  3. Pull your work history together: last job, why it ended, what you have tried since, what your treating providers have said about what you can still do.
  4. File. If it comes back denied, that is a decision you can appeal, not the end of the road.
One more time, because it is the expensive one. Working does not automatically end TDIU. Being told it does keeps qualifying veterans out of work they could handle. Not reporting what you earn creates a debt. The safe road is the same road: make the call, take the work, report the income.
★ Ask before you assume.