TDIU: how to get paid at the 100% VA rate without a 100% rating

Total Disability based on Individual Unemployability, or TDIU, lets a veteran be paid at the 100% compensation rate without actually holding a 100% schedular rating. It exists because two veterans with the same rating can be affected very differently, and some cannot work because of their service-connected conditions.

The schedular thresholds (38 CFR 4.16(a))

You generally meet the schedular criteria for TDIU if you have one service-connected condition rated at 60% or more, or two or more service-connected conditions that combine to 70% or more with at least one rated at 40% or more. Meeting the percentage is only the first step, though.

The real test: substantially gainful employment

TDIU turns on whether your service-connected conditions prevent you from holding substantially gainful employment, which the VA roughly ties to earning above the federal poverty threshold for one person. Marginal work, or a sheltered or protected job where accommodations keep you employed, generally does not count against you. Your employment history and why you had to stop or reduce work are central to the claim.

The extraschedular path (38 CFR 4.16(b))

Even if you do not hit the percentage thresholds, you can still be considered for TDIU on an extraschedular basis if your conditions uniquely prevent you from working. These claims go to a special review. Because TDIU can nearly double your monthly payment, it is worth understanding whether you qualify. A free VA-accredited Veterans Service Officer can help you file, often with VA Form 21-8940.