TDIU: getting paid at the 100% rate below 100%

Total Disability based on Individual Unemployability (TDIU) lets the VA pay you at the 100% rate when your service-connected disabilities keep you from holding down substantially gainful work — even if your combined schedular rating is lower than 100%. It’s one of the most under-used, high-impact VA benefits.

Who qualifies (schedular TDIU)

Under 38 CFR 4.16(a), you generally meet the rating threshold if you have:

• One service-connected disability rated at least 60%, or
• Two or more service-connected disabilities with a combined rating of at least 70%, where at least one is rated 40% or higher.

And — the key part — your service-connected conditions must make you unable to secure or keep substantially gainful employment. “Marginal” employment (earning below the federal poverty threshold for one person) doesn’t disqualify you.

If you don’t meet the thresholds

Under 38 CFR 4.16(b), the VA can still grant extraschedular TDIU if you’re genuinely unable to work because of service-connected conditions but fall short of the percentage rules — there’s no minimum rating for this path, though it requires a special review.

How to apply

1. File VA Form 21-8940 (Veteran’s Application for Increased Compensation Based on Individual Unemployability), which asks for your work and education history.
2. Your recent employers may be asked to complete VA Form 21-4192.
3. Include medical evidence and specifics on how your conditions limit work. A free accredited VSO can help.

Related: how to increase your rating, the VA Math calculator, the benefits a 100% rating unlocks, and the appeals guide if you’re denied.

General information, not legal advice; eligibility is decided by the VA. Confirm at VA.gov. Source: U.S. Department of Veterans Affairs (38 CFR 4.16).