Individual Unemployability Eligibility Regulations
- You must be a veteran
- You must have at least one service-connected disability rated at least 60%, OR
- Two or more service-connected disabilities at least one disability ratable at 40% or more with a combined rating of 70% or more.
- You must be unable to maintain substantially gainful employment as a result of service-connected disabilities (marginal employment, such as odd jobs, is not considered substantially gainful employment for VA purposes).
Individual Unemployability Evidence Requirements
- Evidence of at least one service-connected disability AND
- That the service-connected disability or disabilities are sufficient, without regard to other factors,
to prevent performing the mental and/or physical tasks required to get or keep substantially gainful employment AND - That one disability is ratable at 60% or more, OR
- If more than one disability exists, one disability is ratable at 40% or more with a combined rating of 70% or more.
Individual Unemployability Pay Rates
Individual Unemployability benefits pay the same as a 100% VA disability rating. Below are the Individual Unemployability fact sheet pay rates. The Individual Unemployability fact sheet pay rates are separated by whether or not you have children. There was a 2018 VA disability compensation benefits rates increase that became effective on December 1, 2017.
Without Children
- Veteran Alone: $2,973.86
- Veteran With Spouse Only: $3,139.67
- Veteran With Spouse & One Parent: $3,272.73
- Veteran With Spouse & Two Parents: $3,405.79
- Veterans With One Parent: $3,106.92
- Veterans With Two Parents: $3,239.98
- Additional for A/A Spouse:: $152.06
With Children
- Veteran With Spouse & Child: $3,261.10
- Veteran With Child Only: $3,084.75
- Veteran With Spouse, One Parent & Child: $3,394.16
- Veteran With Spouse, Two Parents & Child: $3,527.22
- Veteran With One Parent & Child: $3,217.81
- Veteran With Two Parents & Child: $3,350.87
- Add For Each Additional Child Under Age 18: $82.38
- Each Additional Schoolchild Over Age 18: $266.13
- Additional For A/A Spouse: $152.06
VA Unemployability Must Read Information For Vets
VA Form 21-8940: This is the Application for Increase based on Individual Unemployability. Make sure you submit this form so you will be considered for Individual Unemployability. Click here to get the form.
VA Form 21-4192: This form covers your previous employment. Have your last employer complete the form. Click here to get the form.
Information Not On The Individual Unemployability Fact Sheet
The Individual Unemployability fact sheet does not cover a lot of information you should know. For example, the Individual Unemployability fact sheet does not define “substantial gainful employment.” We highly suggest you do legal research and only work with highly-qualified people on your Individual Unemployability claim. Here are just a few pieces of information we think veterans should know that is missing from the Individual Unemployability fact sheet:
Individual Unemployability Evidence
- Doctors Statements: Providing statements from your medical doctors is essential to your TDIU claim. We can’t stress how valuable medical opinions are to your case. Doctors reports should provide a diagnosis of your service-connected condition and link that to your employment problems.
- Psychologists Statements: If you are treating for a service-connected mental health condition, you should submit a report from your psychologist. Once again, the report should provide a diagnosis of your service-connected mental condition and link that to your employment problems.
- Vocational Statements: Our Individual Unemployability lawyers regularly work with vocational experts for our clients. These statements should connect your service-connected conditions and why you can’t work.
Individual Unemployability Misconceptions
- College Degrees: For some reason, many veterans are under the impression that vets with degrees are not eligible. If you have a college degree you can still obtain Individual Unemployability benefits.
- Keeping A Job: While it is not always easy to do, some veterans can obtain Individual Unemployability benefits while working. Many veterans do this by showing that they have serious accommodations at their job. Lots of those veterans work for family members and friends who let them bend the rules a little to accommodate their disabilities.
- Previous Denials: If you were denied a long time ago, you can re-apply. There is no limit to how many times you can apply for VA benefits. If you were denied in the last twelve months you have the option to file a TDIU benefits appeal.
- National Guard & Reservists: After reading the Individual Unemployability fact sheet, many National Guard and Reservists incorrectly believe they are not eligible. If you were activated by the federal government you may be considered a “veteran” for eligibility purposes.
Other Pages On Individual Unemployability
- Agent Orange Individual Unemployability Benefits
- Back Pay for Individual Unemployability
- Heart Disease Individual Unemployability Benefits
- PTSD Individual Unemployability Benefits
Get Help From Our Individual Unemployability Lawyers
We offer free Individual Unemployability consultations. If you don’t understand Individual Unemployability benefits after reading the Individual Unemployability fact sheet, give us a call. VA regulations are confusing and many veterans just need some advice. We’re here to help. There is never an obligation to hire our VA disability compensation lawyers just because you asked questions and obtained legal advice.
We can help you apply for Individual Unemployability for free. Woods & Woods Total Disability Individual Unemployability lawyers have helped thousands of veterans apply at no cost. If you have questions about the Individual Unemployability fact sheet or your application, give us a call. There is never an obligation to hire our veterans disability benefits lawyers just because we helped you apply.
We have filed thousands of Individual Unemployability appeals. Woods & Woods Individual Unemployability benefit denial lawyers focus exclusively on VA appeals. Our TDIU VA disability lawyers only charge a fee if your appeal is successful. When you call Woods & Woods, you get an experienced TDIU benefits lawyer. Since 1985, our law firm has fought for disabled people nationwide.
