If you are a disabled veteran seeking to maximize your monthly income, then you need to understand the difference between a VA Schedular 100% Rating and TDIU. Both are paths that may be relevant to how you achieve your maximum monthly income.
VA Schedular ratings are drawn from diagnostic codes and account for either one condition or multiple conditions which add up to the rating you receive. A single condition or the sum of several conditions may get you a rating of 100%. If that rating falls short of 100%, then TDIU may come into play.
TDIU is Total Disability based on Individual Unemployability, and this means that your condition or conditions that resulted from your military service prevent you from being able to obtain and keep a job. You can file multiple claims in an effort to reach a 100% rating, while also filing a claim for TDIU.
If you get the 100% rating, then the TDIU is no longer necessary and is considered “moot” in a legal sense. If you don’t receive a 100% rating but you still can’t get or keep a job because of your service-connected conditions, then TDIU could be your path to receiving your maximum monthly income.
To start your application for TDIU, you will need to file the VA form 21-8940. It is filed the same way you would file any VA Disability claim. Watch the video to learn more. At Tucker Disability Law we handle these cases every day. If you have questions about TDIU, about receiving a 100% rating, or if you have any additional questions, call Tucker Disability Law at (866) 282-5260, or review our videos and media library for more information.
Video TranscriptIf VA scheduler 100% ratings and TDIU, individual unemployability, pay the same thing, what's the difference? I'm John Tucker, I'm a VA disability attorney, and I want to tell you the difference between total disability based on individual unemployability and getting a combined, or an individual, rating for 100%. There's a difference between what's called a scheduler rating and TDIU, and the main difference is this, a scheduler rating, that's a rating that's drawn from the diagnostic codes, could be for one condition or could be for multiple conditions that are combined, is an actual percentage assignment that reaches 100%. Meaning the one condition, or the multiple conditions, are combined so that your rating percentage is 100%. TDIU is for veterans who do not have a 100% rating. You get TDIU if the conditions that you have that are rated less than 100% prevent you from getting and keeping a job.
Now, this is important. You can pursue both at the same time. You can file one or multiple claims trying to get a 100% rating, and you can also file a claim for TDIU. If you get that 100% rating, your TDIU claim just goes away. You don't need it. The legal term is it's moot. It doesn't matter anymore, but if you don't get that 100% rating and you still can't get or keep a job because of your VA service connected conditions, you can still pursue the TDIU application. Make sure you file VA form 218940 to start your application for TDIU. You file a claim for that the same way you would any other VA disability claim. If you have questions about TDIU, a 100% rating, or you're trying to deal with a denied claim, call us at the number on your screen. We've handled thousands of claims for veterans just like you all over the United States in all 50 States. I'm John Tucker, thanks for watching.
