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TDIU — Total Disability Individual Unemployability

Veteran Disability Appeal Attorney Las Vegas

TDIU — Total Disability Individual Unemployability

September 1, 2026 by

Diagnostic code
38 CFR 4.16
Rating scale
Paid at 100%
Presumptive?
no
PACT Act covered?
no

Total Disability Based on Individual Unemployability (TDIU)

TDIU allows veterans to be paid at the 100% disability rate even if their combined rating is below 100%, if their service-connected conditions prevent them from maintaining substantially gainful employment.

Eligibility

Veterans generally qualify for TDIU if they have: one condition rated at 60% or higher, OR two or more conditions with a combined rating of 70% or higher (with at least one rated at 40%). Veterans who do not meet these thresholds may still qualify for TDIU based on extraschedular consideration.

What “Substantially Gainful Employment” Means

The VA defines substantially gainful employment as employment that provides income above the federal poverty threshold. Marginal employment — working in a protected environment or earning below the poverty level — does not disqualify a veteran from TDIU.

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