Total Disability Based Upon Individual Unemployability - Veterans Disability Lawyer
Our Veterans Disability Lawyers specialize in Total Disability Based on Individual Unemployability (TDIU) claims. If your service-connected disabilities prevent you from working, we’re here to help you secure the necessary benefits and compensation.
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Legally Reviewed by:
Rob Levine
Last Updated:
January 24, 2025
What is Total Disability Based Upon Individual Unemployability?
TDIU is a VA benefit for disabled veterans who have difficulty working due to service-connected conditions. When granted TDIU, a veteran receives monetary benefits equal to a 100% rating, even when his or her service-connected conditions would not normally equal 100%.
How Do You Qualify for TDIU Benefits?
To qualify for TDIU, a veteran’s service-connected conditions must impact his or her ability to obtain or maintain “substantially gainful employment.” A “substantially gainful” occupation is a job that pays above the federal poverty threshold. Under some circumstances, veterans may qualify even if they are working a job that pays above this income threshold, provided that they work in a protected workplace that provides accommodations for their disabilities.
In most cases, a veteran must meet certain rating requirements to qualify for TDIU. The veteran must have:
- One service-connected condition with at least a 60% rating; or
- Multiple service-connected conditions that amount to a 70% combined rating, and one of those conditions is rated at least 40%.
You Don’t Have to Be Unemployed to Receive TDIU
Unlike Social Security Disability, employed veterans are eligible for TDIU in certain circumstances. Two situations exist in which veterans may be employed and still qualify for TDIU:
- Marginal Employment: Veterans who are currently working but earn below the federal poverty threshold may qualify.
- Protected Work Environment: Veterans who receive special accommodations by an employer without a reduction in pay or benefits may qualify.
You Can Receive TDIU and SSDI at the Same Time
Veterans can collect both SSDI and TDIU benefits simultaneously with no offset. Nevertheless, each benefit is governed by different regulations, and the grant of one benefit does not guarantee entitlement to the other.
Dealing with disabilities that impact your ability to work can be hard enough. Don’t add the stress and frustration of battling the VA alone. Contact our team for a free case evaluation, and we’ll work hard to get you the benefits you deserve!
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Notable Case Results
$308,000
Client suffered from Non Hodgkins Lymphoma which was 100% pointed to their time of service in the Army from 1978-1986
$102,000
We were able to get benefits from the time the client served in Vietnam in 1973, client suffered from PTSD.
$750,000
100% benefits granted served in Air Force and was sexually assualted by a service psychologist during the entrance exam. Developed PTSD, anxiety, depression. Suffered for years from social isolation. Obtained benefits due back to 1982.
$320,000
Breast cancer d/t toxic water contamination at Fort Lewis.
When I searched online for an attorney to handle my claim with the military I was lucky to find Rob Levine.
They have proven to be very knowledgeable in personal injury law and are willing to fight for you, as they did so very effectively. I am so glad they picked up the phone when I called and took my case. I really did appreciate their honesty and dedication to my case and the success we had.
James Hudson
Big shout out to Rob Levine & his Law firm family thx for everything you've done for me & my family.
Best firm for law services…. customer service is off the charts & they stay in touch with you though the whole process.
Cidalia de Oliveira
Thank you Rob, you and your team rock!
I have been a client of Rob Levines’ for 2 cases. Both cases, Rob’s talented, hard working, teams helped me win 🏆. I’m so happy and proud of all the people who helped me. I got really hurt, and they were there to listen, and support me. Thank you so much y’all.
Moe Adams
Additional Resources
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