DISABILITYVA program

Total Disability Based on Individual Unemployability (TDIU)

Allows veterans unable to maintain substantially gainful employment due to service-connected conditions to receive compensation at the 100% rate, even if their combined rating is below 100%.

Available at 60%+ (single condition) or 70%+ (combined) with unemployability due to service-connected conditions

Fill Form 21-8940 View on VA.gov

Step-by-step guide

What VA looks for: Ratings at the threshold

Ratings that meet the thresholdOne service-connected condition at 60% or more, or two or more with one at 40% or more and a combined 70% or more. Every service-connected condition counts toward the threshold.
No substantially gainful workService-connected conditions keep you from getting or keeping competitive work that pays more than the poverty threshold for one person. Being out of work is not the same as being unable to work.
Your work and education historyThe kinds of work you did and for how long, your education and training, and the skills they gave you. VA weighs these against what your conditions allow.
Medical evidence of how the conditions limit workRecords that show how severe the service-connected conditions are now and how they limit physical and mental work tasks. VA looks for evidence from the past 12 months.

Source: 38 CFR 4.16(a) (opens in new tab); M21-1 VIII.iv.3.C (opens in new tab); M21-1 VIII.iv.3.A (opens in new tab); M21-1 VIII.iv.3.B (opens in new tab); VA.gov: Individual Unemployability (opens in new tab)

Which kind of claim is this?

Ratings at the threshold
The rating schedule threshold is one service-connected condition rated 60% or more, or two or more conditions with one rated 40% or more and a combined rating of 70% or more. VA then looks at whether service-connected conditions keep you from substantially gainful work, meaning steady work that pays more than a marginal amount.
Source: 38 CFR 4.16(a) (opens in new tab); M21-1 VIII.iv.3.A (opens in new tab); M21-1 VIII.iv.3.B (opens in new tab); M21-1 VIII.iv.3.C (opens in new tab); VA.gov: Individual Unemployability (opens in new tab); VA Form 21-8940 (opens in new tab)
Below the threshold: extraschedular review
VA policy is to rate as totally disabled every veteran who cannot hold substantially gainful work because of service-connected conditions. When the ratings fall below the threshold, the regional office sends such a claim to the Director of Compensation Service for extraschedular review. VA.gov names needing to be in the hospital often as one example.
1. Service-connected conditions alone keep you from workEvidence that the service-connected conditions, not age or other conditions, keep you from substantially gainful work, even though the ratings are below the threshold.
2. A full picture for the referralThe referral describes your service-connected conditions, work history, education and vocational training, and anything else that bears on work.
Source: 38 CFR 4.16(b) (opens in new tab); M21-1 VIII.iv.3.C (opens in new tab); VA.gov: Individual Unemployability (opens in new tab); 38 CFR 4.19 (opens in new tab)
Working, but only marginally
Marginal work is not substantially gainful work. Earning at or below the Census Bureau poverty threshold for one person generally counts as marginal. Above that amount, VA can still find work marginal in a protected setting, such as a family business or sheltered workshop. Losing a job that was given or adjusted because of a disability can also support IU when no other work can be found.
1. Earnings at or below the poverty thresholdEarned yearly income at or below the U.S. Census Bureau poverty threshold for one person. Pay from VA Compensated Work Therapy does not count as income here.
2. Or work in a protected settingAbove the threshold, work shielded from normal competition because of your conditions, such as a family business or a sheltered workshop. Being held to lower performance standards than coworkers can point to a protected setting.
Source: 38 CFR 4.16(a) (opens in new tab); 38 CFR 4.18 (opens in new tab); M21-1 VIII.iv.3.A (opens in new tab); M21-1 VIII.iv.3.C (opens in new tab)

What to gather, and what it shows VA

Documents for this benefit: what each is, what it shows VA, and how VA gets it
Document	What it shows	How VA gets it	Have it?
Your current rating decision The VA decision letter that lists your service-connected conditions and their ratings.	Whether your ratings meet the threshold	VA issued it, so VA already has it. You can download your decision letters on VA.gov.	Yes
Application for Individual Unemployability VA Form 21-8940. It lists the service-connected conditions that keep you from work, every job in the last 5 years you worked, your earnings, and your education and training.	Why you stopped working, and your work history	You complete and sign it yourself; a power of attorney cannot sign it for you. It goes to VA online or by mail.
Employer information VA Form 21-4192, completed by an employer. It covers your dates and type of work, your earnings and time lost in your final 12 months there, and any concessions made for age or disability.	Your earnings, time lost, and allowances at work	VA sends it to each employer from your last year of work when you file the 21-8940, and sends you a copy. The employer completes it online or on paper and returns it to VA. VA does not deny IU only because an employer did not return it.
VA medical records Records of care at VA medical centers and clinics, and of care VA paid for at other facilities.	How severe the conditions are now	VA will request these for you once you file. You can review your own VA records on VA.gov.
Private medical records Records from doctors, hospitals, and therapists outside VA, including hospital stays.	How severe the conditions are, and any hospital stays	Send copies to VA yourself, or complete VA Form 21-4142 and VA Form 21-4142a so VA can request them. Provider names and dates go on the VA forms, not into BeneVets.
A doctor's report on work limits A report or test results from a doctor, VA or private, about how the service-connected conditions limit work tasks.	How the conditions limit work	VA.gov lists a doctor's report or medical test results as evidence to send. Your provider writes it and it goes to VA with your claim. BeneVets does not collect it.
VA exam on how the conditions affect work An exam VA orders when the records are not enough to decide. The examiner describes how the service-connected conditions affect your ability to function at work.	How the conditions affect work tasks	VA schedules it if it needs one. VA does not order an exam in every IU claim.
Social Security disability decision A decision from the Social Security Administration on a disability claim, and the medical records behind it.	How severe another agency found your conditions	If you applied for or get Social Security disability, tell VA. VA will request the SSA decision and its records when the evidence on file is not enough to grant IU. A copy you already have can go to VA.	Yes
Vocational rehabilitation records Records from VA Veteran Readiness and Employment counseling, such as a finding on whether training was feasible.	Whether training or a job goal was workable	VA reviews your existing VR&E records itself when the evidence on file is not enough to grant IU. Tell VA if you took part in VR&E.
Your own statement Your written account of why you stopped working and how your conditions affect work. If you were self-employed, it covers the work you did, your weekly hours, and time lost to your conditions in the last 12 months.	Why you stopped working	VA Form 21-4138, Statement in Support of Claim. You write it and send it to VA. BeneVets does not collect it.
Statements from coworkers, supervisors, or family Written statements from people who saw how your conditions affected your work, or who see how they limit you now.	What others saw at work and at home	VA Form 21-10210, Lay/Witness Statement. The witness completes it and it goes to VA with your claim. Raters weigh what a witness saw and can describe.

Records and statements go to VA. BeneVets never asks you to upload or type them here.

Steps, in order

Get free help from a VSO
Free help: an accredited VSO can file this with you. Find one near you in the BeneVets VSO directory at Find an accredited VSO near you. VA also accredits attorneys and claims agents, who can charge fees only for work done after VA issues its initial decision on the claim.
Source: VA.gov: accredited representatives (opens in new tab); 38 CFR 14.636(c) (opens in new tab)
Check your current ratings
Find your ratings on your latest VA decision letter, which you can download on VA.gov. Compare them with the threshold: one condition at 60% or more, or two or more with one at 40% or more and a combined 70% or more.
Source: 38 CFR 4.16(a) (opens in new tab); VA.gov: download VA benefit letters (opens in new tab)
File for the condition first if needed
IU goes with a service-connected condition. If you have not filed a disability compensation claim for the condition that keeps you from working, VA.gov says to do that first. That claim uses VA Form 21-526EZ.
Source: VA.gov: Individual Unemployability (opens in new tab); M21-1 VIII.iv.3.B (opens in new tab); VA Form 21-526EZ (opens in new tab)
Gather your work and education history
The 21-8940 asks for every job, including self-employment, in the last 5 years you worked, with dates, weekly hours, time lost to illness, and top monthly earnings. It also asks when you last worked full time, when you became too disabled to work, and about your education and training.
Source: VA Form 21-8940 (opens in new tab); M21-1 VIII.iv.3.B (opens in new tab)
Point VA to your medical records
VA will request your VA records for you. For private records, send copies to VA or complete VA Form 21-4142 and VA Form 21-4142a so VA can request them. VA looks for evidence from the past 12 months.
Source: 38 CFR 3.159(c)(1) (opens in new tab); 38 CFR 3.159(c)(2) (opens in new tab); VA Form 21-4142 (opens in new tab); VA Form 21-4142a (opens in new tab); M21-1 VIII.iv.3.B (opens in new tab)
Tell VA about a Social Security disability claim
If you applied for or get Social Security disability benefits, tell VA. VA can request the SSA decision and its records. SSA's decision does not bind VA, but VA weighs it.
Source: 38 CFR 3.159(c)(2) (opens in new tab); M21-1 VIII.iv.3.B (opens in new tab); M21-1 VIII.iv.3.C (opens in new tab)
Ask for statements about your work
People who saw your conditions affect your work, such as a former supervisor or coworker, can complete VA Form 21-10210. Family can describe the limits they see. Your own account goes on VA Form 21-4138.
Source: VA Form 21-10210 (opens in new tab); VA Form 21-4138 (opens in new tab); M21-1 V.ii.1.B (opens in new tab)
File VA Form 21-8940
File it online on VA.gov or by mail to VA's Evidence Intake Center, and sign it yourself. The BeneVets fill flow covers identity and contact fields; the work, earnings, and education sections are completed on VA's form.
Source: VA.gov: Individual Unemployability (opens in new tab); VA Form 21-8940 (opens in new tab); M21-1 VIII.iv.3.B (opens in new tab)
Help VA reach your employers
VA sends VA Form 21-4192 to each employer from your last year of work. It also sends you a copy and asks you to have the employer complete and return it; the BeneVets fill flow can prepare the identification block. If the form still does not come back, VA follows up and tells you that getting it is ultimately your responsibility.
Source: M21-1 VIII.iv.3.B (opens in new tab); VA Form 21-4192 (opens in new tab)
If you were self-employed
VA does not send VA Form 21-4192 for self-employment. It asks for your own statement of the work you did, your weekly hours, and time lost to service-connected conditions in the last 12 months.
Source: M21-1 VIII.iv.3.B (opens in new tab); VA Form 21-4192 (opens in new tab)
Go to any exam VA schedules
VA orders an exam when it needs more medical evidence to decide. The examiner describes how the service-connected conditions affect work functions. Whether you can work is VA's decision, not the examiner's.
Source: M21-1 VIII.iv.3.B (opens in new tab); 38 CFR 3.159(c)(4) (opens in new tab)
Read the decision
If you disagree, the review options are a Supplemental Claim (VA Form 20-0995), a Higher-Level Review (VA Form 20-0996), or a Board Appeal (VA Form 10182). A review filed within 1 year of the decision notice keeps the original effective date.
Source: M21-1 VIII.iv.3.C (opens in new tab); 38 CFR 3.2500(h) (opens in new tab); VA.gov: decision reviews and appeals (opens in new tab); VA Form 20-0995 (opens in new tab); VA Form 20-0996 (opens in new tab); VA Form 10182 (opens in new tab)
Report work changes after a grant
Tell VA right away if you return to work. If VA asks you to verify your employment, complete VA Form 21-4140 online or by mail within 65 days of the notice.
Source: VA Form 21-8940 (opens in new tab); VA.gov: verify Individual Unemployability status (opens in new tab); VA Form 21-4140 (opens in new tab)

Good to know

Paid at the 100% rate; the ratings stay the same

Individual Unemployability pays compensation at the same rate as a 100% rating. Your rating for each condition stays the same.

Source: VA.gov: Individual Unemployability (opens in new tab); 38 CFR 4.16(a) (opens in new tab)

The 60, 40, and 70 percent threshold

One service-connected condition at 60% or more, or two or more with one at 40% or more and a combined 70% or more. For the 60% or 40% condition, VA counts some groups as one. These are conditions of one or both arms or one or both legs, from one cause or one accident, or of one body system. Several combat injuries, or several conditions from time as a prisoner of war, also count as one.

Source: 38 CFR 4.16(a) (opens in new tab); M21-1 VIII.iv.3.C (opens in new tab)

Marginal work and the poverty threshold

Work that pays at or below the Census Bureau poverty threshold for one person generally counts as marginal, not substantially gainful. M21-1 points raters to the Census Bureau poverty threshold tables for that figure. When pay is above it, VA looks at whether the work is in a protected setting.

Source: 38 CFR 4.16(a) (opens in new tab); M21-1 VIII.iv.3.A (opens in new tab)

What VA does not count

VA does not count age, conditions that are not service connected, injuries after service, a lack of available jobs, or choosing to leave the job market. The question is whether the service-connected conditions alone keep you from substantially gainful work.

Source: 38 CFR 4.19 (opens in new tab); 38 CFR 3.341(a) (opens in new tab); M21-1 VIII.iv.3.C (opens in new tab)

The start date can come before the claim

For conditions VA already rates, VA checks whether the IU criteria were first met in the year before it received the IU claim. If so, IU can start from the date they were met. When the IU claim arrives within 1 year of a rating decision that met the threshold, VA can also look back to the claim behind that decision.

Source: 38 CFR 3.400(o)(2) (opens in new tab); M21-1 V.ii.4.A (opens in new tab)

VA checks employment after a grant

VA matches wage data with the Social Security Administration. If the match shows earnings above the poverty line, or VA gets other evidence of gainful work, VA asks you to verify your employment on VA Form 21-4140. VA.gov says to verify within 65 days of the mailed notice.

Source: VA.gov: verify Individual Unemployability status (opens in new tab); VA Form 21-4140 (opens in new tab)

Going back to work or training

The 21-8940 certification says to tell VA right away if you return to work, and that payments after work begins may be an overpayment. VA does not reduce IU only because you start substantially gainful work unless you keep it for 12 months in a row. Being in rehabilitation, education, or training does not by itself reduce IU.

Source: VA Form 21-8940 (opens in new tab); 38 CFR 3.343(c) (opens in new tab); M21-1 VIII.iv.3.C (opens in new tab)

Housebound rate when IU rests on one condition

When IU rests on one service-connected condition rated 60% or more, and other service-connected conditions separately combine to 60% or more, VA can also pay special monthly compensation at the housebound rate. Being permanently housebound because of the condition behind IU also counts. This does not apply when IU rests on several conditions counted as one.

Source: M21-1 VIII.iv.3.C (opens in new tab)

Benefits tied to IU

Each time VA grants IU, it notifies Veteran Readiness and Employment so an evaluation can be offered. When VA finds the IU rating permanent, the rating decision also sets up Dependents' Educational Assistance. VA.gov places veterans who cannot work and are paid at the 100% rate for service-connected conditions in dental Class IV, which can cover any needed dental care. It leaves out 100% pay based on a temporary rating.

Source: 38 CFR 3.341(c) (opens in new tab); 38 CFR 3.340(b) (opens in new tab); M21-1 VIII.iv.3.C (opens in new tab); VA.gov: VA dental care (opens in new tab)

BeneVets is informational and is not an accredited representative. Free help: an accredited VSO can work through VA benefits with you at no cost. Find an accredited VSO near you