Skip to main content

Dolina Hobbs, LLC
82 W Washington St, Suite 200, Hagerstown, MD 21740 [Map]
Call (301) 739-1013 / (877) 739-1013  •  Fax (301) 739-6432

You are here

TDIU: How to get 100% VA benefits without being rated at 100%

Disabled Veterans can get 100% VA Disability benefits without being rated at 100%. As we have discussed in previous articles, getting to 100% is actually quite difficult. For instance, you can have a 70%, a 50%, and a 40%, but it just doesn't add up to 100%.

The solution, for those who have siginificant VA Disabilities, is Total Disability based on Individual Employability, or TDIU or IU for short. If one or more of the Veteran's Disabilities leaves the Veteran unable to find gainful employment, the VA grant 100% disability using TDIU.

There are three ways of getting there:

1. One disability rated at 60% or higher,

2. Two or more disabilities where one is rated greater than 40% and the total, combined ratings are greater than 70%.

3. Extra-Schedulre TDIU: If the ratings fall below the threshold outlined above, you can still apply for it, but it's harder to win.

So what is gainful employment? The VA defines gainful employment as working above the poverty line, which is about $12140 per year in 2018. However, there are exceptions to this rule. Even if you make more than the poverty line, you can still qualifiy for TDIU if you are working in "sheltered" employment. Unfortunately, the VA has not done a great job defining sheltered employment, but it usually means that you are self-employed or work for a family member and cannot get fired.

We have seen a number of Vets come to us saying "I don't want TDIU, I want to work." As said above, you can work and receive TDIU under certain circumstances. If you are on TDIU, and you return to work, you must notify the VA in writing. The VA may decide to remove your TDIU status.

But what if the Social Security Administration has found me totally disabled? The Social Security Administration and the VA use different standards. The SSA looks at all of the Veteran's disabilities, whether or not they are service-connected. The VA only looks at Service Connection for the purposes of TDIU.

If the VA decides to remove your TDIU status, you should IMMEDIATELY contact an Accredited VA Attorney. If you believe you may be entitled to TDIU, and the VA has not granted it, please contact us immediately. As always, the Veteran's Benefits Team at Dolina Hobbs stands by to assist.

The content provided on this website is for informational purposes only and not for the purpose of providing legal advice. Use of and access to this website or any of the contacts contained within the site does not create an attorney-client relationship between the firm and the user. The opinions expressed through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Contact an attorney to obtain legal advice.

Major Clothing Retailers Hit with California Labor Lawsuits - LAS

Two major clothing retailers have been hit with California labor lawsuits alleging the retailers violated California labor law relating to on-call shifts. The lawsuits seek class-action status on behalf of employees who were not properly paid for time spent reporting for on-call work. Under California employment law, employees must be paid a certain amount when they report for on-call work even if they are sent home.

» Read more

Chester Hobbs named Pro Bono Attorney of the Year

Dolina/Hobbs is proud to announce that partner, Chester H. Hobbs, has again been recognized for his commitment to the Baltimore community. On October 27, 2015, Mr. Hobbs was recognized as Baltimore County Bar Association’s 2015 Volunteer Attorney of the Year. Mr. Hobbs has been accepting pro bono clients for almost thirty years.

» Read more

The heroes who stopped Subway’s foot-long fakery - Avvo

Thanks to a class action suit for false advertising, Subway restaurants in the United States will now measure every 6-inch and foot-long sandwich they make. Moving forward, customers can expect to get what they paid for.

» Read more

Sister and brother pair indicted in bankruptcy fraud scheme - DOJ

United States Attorney Josh Minkler announced today, Patricia Bippus-Allen, 56, and her brother David Bippus, 66, both of Evansville were indicted on multiple counts relating to a bankruptcy fraud scheme.

» Read more

Who gets the dog in a divorce? - Avvo

When it comes to pet custody, people fight like, well, cats and dogs. In divorce proceedings, child custody is often one of the biggest issues, but pet custody is becoming almost as contentious.

» Read more

Lawsuits Target 'Debtors' Prisons' Across the Country - NPR

Civil rights lawyers are using a new strategy to change a common court practice that they have long argued unfairly targets the poor.

» Read more

The ADA: Your Employment Rights as an Individual With a Disability - EEOC

If you have a disability and are qualified to do a job, the ADA protects you from job discrimination on the basis of your disability. Under the ADA, you have a disability if you have a physical or mental impairment that substantially limits a major life activity.

» Read more

Interesting Article concerning Halloween and Registered Sex Offenders - SD Tribune

As a safety measure, state authorities impose special Halloween restrictions on sex offender parolees living in their respective communities, barring them from putting up decorations or passing out treats.

» Read more

How can an attorney help me in my divorce? - Avvo

If you’re going through a divorce, or expect to go through one, you might wonder “Do I need a divorce lawyer?” The answer to that question depends on your case. No two divorces are the same, and many different things affect whether you’ll need to hire a lawyerdivorce pic.

» Read more

Here is what one of our clients had to say about our service

"Mr. Dolina did a great job. I don’t think I could have a picked a better attorney out there. He’s a honest man and his staff did a lot more than I thought even could be done.”

» Read more