Schedular Versus Extraschedular Consideration For TDIU
Posted by Gregory M. Rada | January 03, 2025 | Firm News
Veterans seeking Total Disability Individual Unemployability (TDIU) benefits often encounter two distinct paths to approval: meeting the schedular requirements or pursuing extraschedular consideration. Understanding the difference is crucial for building a strong case for TDIU, especially for veterans whose disabilities prevent substantial gainful employment but do not meet the standard rating thresholds.
Schedular Requirements For TDIU
The VA provides clear guidelines for veterans who meet the schedular criteria for TDIU. To qualify, a veteran must have:
- One service-connected disability rated at 60% or more, or
- A combined disability rating of 70% or higher, with at least one disability rated at 40%.
These criteria reflect the VA’s acknowledgment that certain levels of disability make substantial gainful employment particularly difficult. Veterans meeting these thresholds must also demonstrate that their service-connected conditions prevent them from maintaining regular employment.
What Makes Extraschedular Consideration Different
Extraschedular TDIU is for veterans whose service-connected disabilities create an exceptional or unusual disability picture that does not meet the schedular criteria. This path exists because the VA recognizes that rigid rating percentages may not fully account for a veteran’s ability to work.
To be eligible, a veteran must show that their service-connected disabilities, individually or in combination, result in marked interference with employment or frequent periods of hospitalization. For example, a veteran with chronic migraines rated at 50% may struggle to maintain consistent employment due to the frequency and severity of their symptoms.
How To Present Evidence For Extraschedular Consideration
Building a strong case for extraschedular TDIU requires detailed evidence that paints a complete picture of the veteran’s inability to work. This includes:
- Medical evidence: Comprehensive treatment records and physician statements that detail how the service-connected conditions limit the veteran’s functional capacity.
- Employment history: Documentation of work attempts, terminations, or reduced productivity due to disabilities. Statements from former employers can also help illustrate the challenges faced on the job.
- Personal statements: The veteran’s account of their daily struggles, including how their disabilities impact their ability to work and maintain a routine.
When compiling evidence, it’s essential to connect every limitation directly to the service-connected conditions. Veterans often underestimate the importance of showing the cumulative effect of their disabilities on employment.
VA Central Office’s Role In Extraschedular Decisions
Extraschedular TDIU cases are unique because they involve additional scrutiny by the VA. If a VA Regional Office finds that a veteran’s disabilities warrant extraschedular consideration, the case is referred to the VA Central Office for final determination. The Central Office evaluates the evidence, focusing on whether the veteran’s circumstances justify TDIU benefits despite not meeting schedular requirements.
While this process may seem daunting, it emphasizes the importance of presenting a well-documented and compelling case.
Supporting Veterans Through The TDIU Process
Veterans often face significant barriers when pursuing TDIU benefits, particularly under the extraschedular route. At Gregory M. Rada, Attorney at Law, we’re committed to helping veterans overcome these challenges. Greg’s experience as a United States Air Force veteran and his decade of legal advocacy have equipped him to secure life-changing benefits for his fellow service members.
As a dedicated VA TDIU lawyer, Greg has successfully represented veterans at all levels of the VA adjudication process. He understands the importance of building a strong VA disability claim with the right evidence and ensuring every aspect of the veteran’s case is thoroughly addressed.
If you’re struggling to qualify for TDIU benefits, we can help. Contact us today to discuss your case and take the next step toward securing the compensation you deserve.
