Extra Schedular TDIU Ratings

Combined 70% Rating Not Required for TDIU

Navigating the Veterans Affairs (VA) disability compensation system can be complex, especially when dealing with claims related to Total Disability based on Individual Unemployability (TDIU or IU). One crucial aspect of this process is outlined in 38 CFR § 4.16(b), a regulation that provides a path for veterans who may not meet the typical schedular criteria for TDIU but whose disabilities prevent them from securing and maintaining substantially gainful employment. This blog post aims to demystify the 4.16(b) process, offering clear insights into how it works and what veterans need to know to take advantage of it.

TDIU – All Veterans Are Entitled to the 100% Rating

Total Disability based on Individual Unemployability allows veterans who are unable to work due to service-connected disabilities to receive compensation at the 100% disability rate, even if their combined disability rating does not reach 100%. The VA recognizes that some disabilities, while not rated at or above certain thresholds, nonetheless have a profound impact on a veteran's ability to work.

The Standard Path to TDIU

Typically, under 38 CFR § 4.16(a), to qualify for TDIU, a veteran must have either:

• One service-connected disability rated at 60% or more, or
• Two or more service-connected disabilities with a combined rating of 70% or more, with at least one disability rated at 40% or higher.

However, not all veterans fit neatly into these criteria, which is where § 4.16(b) comes into play.

The 4.16(b) Process Explained 

Section 4.16(b) provides an alternative route for veterans who do not meet the standard schedular requirements but are still unable to maintain substantially gainful employment due to their service-connected disabilities. This section acknowledges that disability ratings might not always fully reflect the impact on employment capabilities.

Key Points about 4.16(b):

It allows for consideration of a veteran's case on an extraschedular basis for TDIU.

•         The VA must consider the veteran's employment history, education, vocational attainment, and where the disabilities place the veteran with respect to employment.
•         The Director of Compensation Service has the authority to approve or deny these extraschedular TDIU claims.

Applying for TDIU under 4.16(b):

 Veterans seeking TDIU under 4.16(b) should be prepared to provide comprehensive evidence demonstrating how their service-connected disabilities prevent substantially gainful employment.  This can include:

•     Medical evidence linking their disabilities to employment limitations.
•    Employment records showing a history of job loss or adjustments due to disabilities.
•    Statements from employers, colleagues, or vocational experts regarding the veteran's work challenges.

The VA will consider the totality of the evidence, including any social or industrial survey reports conducted to assess the veteran's ability to work.

Lowry Veterans Lay Ltd. - Experts In TDIU

 The 4.16(b) process offers a vital avenue for veterans whose service-connected disabilities hinder their employment, even if they do not meet the standard schedular TDIU criteria. Understanding this process and the type of evidence required is crucial for submitting a successful claim.

Again, all veterans who have service-connected disabilities that prevent substantial gainful employment are entitled to the 100% rating—regardless of the combined rating. Yes, if a veteran is not 70% combined or has one 60% rating, the path is more difficult, but our VA-accredited attorneys know the VA administrative process and can win extraschdedular TDIU claims.

We currently accept all appeals for TDIU denials and can assist veterans filing for TDIU for the first time. Additionally, after you hire Lowry Veterans Law Ltd., we will Scrub Your Claims File and look for any retroactive money you may have left on the table in prior claims and decisions.