Total Disability Individual Unemployability (TDIU) provides Veterans with the same financial compensation as a 100% VA scheduler rating—even if though their disability or disabilities would not qualify for this level of compensation under the schedular criteria. It is a way of recognizing that some conditions may it impossible for a Veteran to work when their cumulative effects are taken into consideration.
Whether or not your TDIU benefits are permanent depends on the type of disability you have. Some Veterans will receive benefits permanently, but others will be re-evaluated periodically.
If your rating is permanent, there will be a box on your rating decision form checked to indicate this. There may also be a notation that says, “no future exams are scheduled.”
Veterans who do not have a permanent TDIU rating must complete VA Form 21-4140: Employment Questionnaire once per year to provide information about their work activities. The form must be completed in 60 days, and the VA has the authority to reduce or suspend benefits if the form is not completed by the deadline.
If the VA believes your condition has improved to the extent that you are now capable of engaging in substantially gainful employment, your TDIU benefits can be reduced or terminated. However, your rating can’t be reduced unless you’ve been able to work for a period of 12 consecutive months in a non-protected work environment. If you are working in a protected work environment or earning less than what is necessary to qualify as substantially gainful employment, your TDIU won’t be reduced.
How an Experienced Veterans Benefits Lawyer Can Help
Although TDIU is not necessarily permanent, it is generally difficult for the VA to downgrade your rating once you’ve been awarded benefits. If you believe you are entitled to TDIU benefits, the best way to increase your chances of approval is to work with our Veterans benefits lawyers to thoroughly document your service-connected disability and its effect on your employment. Please call our office today to schedule a free, no-obligation initial case review.