Can a veteran be rated at 100% disabled, even though his total disability retirement does not equal 100%? In some cases, yes.

Some veterans may be entitled to an additional benefit called “TDIU” – total disability due to individual unemployability. TDIU effectively raises a veteran’s impairment rating to 100%, when the Veteran meets certain criteria.

Schedular TDIU may be assigned where the impairment rating is less than 100%, AND when it is found that the disabled person is unable to secure or follow a substantially gainful occupation as a result of service-connected disability. The veteran will have to show that the the unemployability is the result of:

1) a single service connected disability rated at 60% or more, or
2) the result of 2 or more service-connected disabilities where the total rating is 70% and at least one disability is 40% or more.

The evidence needed to prove unemployability can be complex, so it is best to contact an attorney if the VA Regional Office has denied your claim for TDIU and you would like to appeal that decision to the BVA (or, if the BVA has denied your claim and you would like to appeal to the CAVC (Court of Appeals for Veterans Claims).

In other posts on the Attig Law Firm’s Veterans’ Benefits Blog, VA disability attorney Chris Attig, laid out some of the significant differences between schedular TDIU and extra-schedular TDIU and talked about what steps to follow in filing a claim for TDIU.

No post on this website is meant to be legal advice and the posts on this website do not serve as a substitute for legal advice. Information is power, and we are providing this information to give you, the Veteran, some power. This information is not widely or easily accessible to Veterans.  The information presented on this website is a general description of law and processes; each case is different, and there may be approaches listed here that are not accurate or applicable to your case. Likewise, there may be information that is applicable to your case that is not provided on this Veterans Disability Compensation Blog.

It is very important that we note that each and every Veteran’s claim is different. Just because we were able to secure substantial past-due benefits for one Veteran does not mean or imply that we will be able to do so for you.   In some cases, we may not be able to secure you any financial compensation due to the facts of your particular case.

It is best to consult with a lawyer familiar with VA Disability claims and benefits or a Veterans Service Organization to examine your particular case.  If you would like to discuss your VA claim with a lawyer who handles VA Benefits and Disability Appeals, contact the Attig Law Firm, PLLC, for a free consultation with a VA Benefits attorney.

The Attig Law Firm, PLLC, represents Veterans in Texas, Arkansas, Oklahoma (and all around the nation) in their claims for disability compensation from the Department of Veterans Affairs.