TDIU Eligibility Checker
TDIU — Total Disability based on Individual Unemployability — is the benefit that pays you at the 100% rate even when your rating on paper is below 100%. The VA almost never volunteers it. Here's whether you clear the gate.
You can qualify for TDIU — paid at the 100% rate — with one disability at 60%, or a combined 70% with at least one at 40%, if you can't hold substantially gainful work. And if you fall short of those percentages but still can't work because of service-connected disability, there's an extraschedular path under 38 CFR 4.16(b).
Your ratings
This is your overall VA combined rating — not the sum of your individual ratings (VA math isn't simple addition).
“Substantially gainful” roughly means earning above the federal poverty line in non-sheltered work. A marginal or protected job a sympathetic boss carries you through generally doesn't count.
You have at least one service-connected disability rated 60% or higher, and you reported you can’t maintain substantially gainful employment because of it. That clears the single-disability path in 38 CFR 4.16(a). The next step is filing VA Form 21-8940 (Veteran’s Application for Increased Compensation Based on Unemployability) — and if you can, have your last employer fill out VA Form 21-4192. Granted TDIU pays at the 100% rate.
- TDIU pays the same as a 100% schedular rating. Same monthly check, same dependent add-ons. A 70% combined rating that grants TDIU and a 100% schedular rating land in the same place on the deposit slip.
- The VA usually won't offer it. TDIU is supposed to be inferred whenever the record raises it (the Rice and Roberson case law), but in practice you often have to claim it yourself on VA Form 21-8940. Don't wait to be asked.
- It's about your disabilities, not the job market. “Can't find work” isn't the test. The test is that your service-connected disabilities — not your age, not the economy — keep you from substantially gainful employment.
- Extraschedular is a real path, not a consolation prize. Under 38 CFR 4.16(b), below-the-gate veterans get referred to the Director, Compensation Service. It's harder and evidence-hungry — but veterans win it. Build the record.
Frequently asked
What are the TDIU rating requirements?
There are two schedular paths to TDIU. The single-disability path: at least one service-connected disability rated 60% or higher. The combined path: two or more service-connected disabilities with at least one rated 40% or higher AND a combined rating of 70% or higher. On top of meeting either gate, you must be unable to hold substantially gainful employment because of your service-connected disabilities. These percentage thresholds come straight from 38 CFR 4.16(a).
Can I get TDIU at 70%?
Yes — that is exactly what the combined schedular path is built for. If your combined rating is 70% or higher and at least one of your service-connected disabilities is rated 40% or higher, you meet the schedular gate. You still have to show you cannot maintain substantially gainful employment because of those service-connected conditions, but a combined 70% with one disability at 40% checks the percentage box.
Does TDIU pay the same as 100%?
Yes. TDIU pays at the 100% disability compensation rate even though your schedular rating is below 100%. That is the entire point of the benefit — it recognizes that a veteran rated, say, 70% on paper can be just as unemployable as someone rated 100%, so the VA pays the full 100% rate. Dependents, SMC, and other add-ons follow the same 100% rules.
What is extraschedular TDIU (38 CFR 4.16(b))?
It is the escape hatch for veterans who cannot work because of service-connected disability but do not meet the 60% / 70%-with-one-at-40% percentage gates. Under 38 CFR 4.16(b), the VA can still grant TDIU on an extraschedular basis — the rating board refers the claim to the Director of Compensation Service for a decision. Frequent hospitalization for a service-connected condition can also support an extraschedular grant. If you are below the percentage thresholds but genuinely cannot hold a job, do not assume you are out — talk to an accredited VSO and make the extraschedular argument.
Official Sources
- VA — Individual Unemployability →
The VA's own page on TDIU: eligibility requirements, how to apply, and VA Form 21-8940.
- 38 CFR 4.16 — Total disability ratings for compensation based on unemployability →
The regulation itself — 4.16(a) is the schedular gate, 4.16(b) is the extraschedular referral.