TDIU Claims | Valor Veterans Law

Not every Veteran who is unable to work meets the schedular criteria for a 100 percent rating. The law accounts for that reality. Total Disability based on Individual Unemployability, or TDIU, allows Veterans to be compensated at the 100 percent rate when service-connected conditions prevent substantially gainful employment, even if the combined rating is less than 100 percent.

TDIU is not a loophole. It is a recognition that the ability to work consistently and competitively matters more than a number on a rating chart.

We represent Veterans nationwide in TDIU claims and appeals. These cases are often misunderstood, frequently denied, and commonly mishandled by the VA.

TDIU may be awarded on a schedular or extraschedular basis, depending on a Veteran’s ratings.

Schedular TDIU

Schedular TDIU applies when a Veteran has:

One service-connected disability rated at 60 percent or more, or
Multiple service-connected disabilities with a combined rating of 70 percent or more, with at least one disability rated at 40 percent or more

Meeting these thresholds does not guarantee TDIU, but it allows the VA to grant it without additional referral.

Extraschedular TDIU

Veterans who do not meet the schedular thresholds may still qualify for TDIU on an extraschedular basis. These cases require the VA to consider whether service-connected disabilities nonetheless prevent substantially gainful employment. Extraschedular TDIU is frequently denied due to improper analysis, despite strong evidence of unemployability. Appeals are often necessary to correct that failure.

TDIU denials tend to follow predictable patterns. The VA often focuses on factors the law does not prioritize, while ignoring those it must consider.

We routinely see denials based on:

Brief or failed work attempts treated as proof of employability
Marginal or sheltered employment mischaracterized as gainful
Overemphasis on education or past work history
Reliance on inadequate medical opinions that address diagnosis, not function
Failure to consider the combined effects of multiple disabilities

A TDIU denial does not mean a Veteran is capable of working. It often means the VA did not analyze employability correctly.

Mental health conditions, including PTSD, depression, and anxiety disorders, are among the most common bases for TDIU. These conditions often interfere with concentration, stress tolerance, attendance, and interpersonal functioning in ways that are incompatible with competitive employment.

The VA frequently undervalues these limitations, particularly when a Veteran attempts to work despite worsening symptoms. TDIU appeals often succeed when the record demonstrates how mental health symptoms affect real-world employability, not just diagnostic labels.

TDIU claims are evidence-driven. Medical records, vocational evidence, and lay testimony all play critical roles, but they must address the correct legal question.

Effective TDIU evidence focuses on:

Functional limitations rather than diagnoses alone
Consistency and reliability over time
The combined effects of all service-connected conditions
Realistic employment expectations, not theoretical capability

C&P examinations are often insufficient on their own. Appeals frequently require challenging inadequate opinions or supplementing the record with more precise evidence.