Everybody, this is Chris Addict from the Veterans Law blog. I wanted to pop up here today and talk to you a little bit about TDIU. So most of you know what this benefit is - it's total disability based on individual unemployability and it's available to veterans in certain factual situations. The first situation that you can get this benefit is if you are unable to get or keep substantially gainful employment because of your service-connected disability. Then you're eligible for TDIU. Now, where do you learn about TDIU? Well, you can start to learn about it in the regulation that defines it, which is 38 CFR 4.16. This is a fascinating benefit because it's not one that was specifically authorized by Congress. The VA put it into the regulations all on their own. So, what started out as a good idea has become more and more complicated. I'm going to talk to you about a huge wrinkle in proving TDIU as we talk about this today. Bottom line, if you cannot get and keep substantially gainful employment because of your service-connected disabilities, you are eligible for a total disability based on the individual unemployability rating of a hundred percent. What does that mean? Two ways you can get there. The first way is 4.16(a), which is the regulation. It says that if you've got certain ratings that combine to certain numbers, then you're eligible. All you have to do is show that you cannot get and keep substantially gainful activity. What are those numbers? One disability at 60% or more, or more than one disability with a total impairment rating greater than 70% and one at least forty percent. Alright, I call that the sixty-seventy-forty rule. You can read all about it on the Veterans Law blog. Just...
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