Total Vs. Partial Disability, And “Individual Unemployability”
Posted by Gregory M. Rada | March 03, 2025 | Firm News
When it comes to veterans’ disability benefits, the terms “total disability,” “partial disability,” and “individual unemployability” can be confusing. Many veterans may have questions about why they might be considered able to do some work but still qualify for TDIU benefits. Our Colorado VA TDIU lawyer’s goal is to clear up these misunderstandings and shed light on how TDIU works.
Understanding Total vs. Partial Disability
Veterans are rated on a scale from 0% to 100% to determine the extent of their disability. A total disability rating means that the veteran’s condition or conditions are severe enough to be considered completely disabling, while a partial disability rating indicates that the veteran’s condition is less severe but still results in a measurable impact on their ability to work or perform daily activities.
It’s important to note that the VA’s disability rating system is based on the severity of the disability and the impact it has on the veteran’s life. However, even if a veteran is rated less than 100%, they may still be unable to maintain gainful employment due to their condition.
What Is Individual Unemployability (TDIU)?
Total Disability based on Individual Unemployability (TDIU) is a special benefit that allows veterans who are unable to work due to their service-connected disabilities to receive compensation at the 100% disability rate, even if their disability rating is less than 100%. Our VA accredited lawyer emphasizes the key point here is that TDIU is about the veteran’s ability to maintain employment, not necessarily about the severity of their disability rating.
For example, a veteran with a 70% disability rating may still be unable to find or maintain a job due to the nature of their disabilities. In such cases, TDIU could apply, and the veteran would receive benefits as if they had a 100% disability rating. This helps support veterans who are unable to work but may not have a 100% disability rating according to the VA’s general rating schedule.
Clearing Up Misunderstandings: “Able To Do Some Light Work”
One common misconception is that a veteran might be told they are “able to do some light work,” but this doesn’t automatically disqualify them from TDIU. Here’s why: the key question is not whether a veteran is physically able to perform some type of light work, but whether their service-connected disabilities prevent them from obtaining and maintaining substantially gainful employment.
In other words, the VA isn’t just concerned with whether a veteran can do light or part-time work. Instead, they look at whether the veteran can hold down a job that pays a living wage and provides the opportunity for long-term stability. Even if a veteran can perform some kind of lighter work, the impact of their disability could make it impossible for them to keep a job for any significant period, which is where TDIU comes into play.
Why TDIU Is Important
For veterans, receiving TDIU benefits is about more than just receiving higher compensation. It’s about recognizing that their disabilities have fundamentally altered their ability to lead a fulfilling life, including the ability to work. It’s easy to assume that a veteran needs to have a 100% disability rating in order to qualify for the highest level of benefits, but TDIU allows for that same level of compensation for veterans whose disabilities prevent them from working, even if their rating is below 100%.
How TDIU Works
To qualify for TDIU, a veteran must meet specific requirements:
- Single Disability Rating of 60% or More: The veteran must have at least one disability rated at 60% or higher, or two or more disabilities with a combined rating of 70% or more, with at least one disability rated at 40% or higher.
- Inability to Maintain Substantially Gainful Employment: The veteran must prove that their service-connected disabilities prevent them from being able to maintain substantial gainful employment, regardless of whether the work would be light or part-time.
Even if a veteran is capable of performing some form of light work, if their disabilities significantly impact their ability to maintain steady employment or make it impossible for them to hold down a job that pays a reasonable wage, they may still be eligible for TDIU benefits.
Securing The Benefits You Deserve
If you’re a veteran struggling to maintain employment due to service-connected disabilities, you may still qualify for TDIU benefits, even if your disability rating is below 100%. TDIU allows you to receive compensation at the 100% rate based on your inability to work, not just the severity of your disability rating. If you believe your service-connected conditions prevent you from holding down a steady job, reach out to Gregory M. Rada, Attorney at Law. Greg is a veteran and founded his law practice to help other service members get the support you need and deserve. He specializes in securing disability benefits and is ready to take on your case. Our firm serves veterans nationwide, so don’t wait to call our office to schedule a free case review. Contact us today to understand your rights and explore options for pursuing TDIU benefits.
