Veterans that wish to receive Total Disability Individual Unemployability (TDIU) benefits can submit form 21-8940. Veterans can submit the VA Individual Unemployability form 21-8940 at different stages of their claims.
Some veterans may submit their TDIU form 21-8940 after they receive a Rating Decision. Other veterans will be sent the TDIU form 21-8940 during their application if the VA notices you can’t work from service-connected disabilities.
Other veterans will need to file an Increased Rating claim and then their VA Individual Unemployability form 21-8940. Some veterans may also be granted Individual Unemployability benefits without ever submitting a form. While the last scenario is uncommon, it does happen. Remember, you are dealing with the VA and they are not always consistent.
The sections of this article below explain each section of the VA Individual Unemployability form 21-8940. There is also a link so you can obtain your own copy of the VA Individual Unemployability form 21-8940. If you have questions about TDIU form 21-8940, reach out to Woods & Woods. We never charge veterans for legal consultations or help with your TDIU forms and applications.
In this article about TDIU Form 21-8940:
- Section I: TDIU Form 21-8940 Veteran Identification
- Section II: TDIU Form 21-8940 Disability and Medical Treatment
- Section III: VA Individual Unemployability Form 21-8940 Employment Information
- Section IV: Schooling and Other Training
- Section V: Where to Send Correspondence
- FAQ: VA Individual Unemployability Form 21-8940 & IU Benefits
- Get Help With Your VA Individual Unemployability Form 21-8940
Section I: TDIU Form 21-8940 Veteran Identification
This section of the TDIU form 21-8940 won’t blow your mind. The VA needs your contact information. Make sure the information you are providing matches the other information in their system. If you are providing different addresses to the VA, your decisions might not be sent to the right place.
Section II: TDIU Form 21-8940 Disability and Medical Treatment
This section of the TDIU form 21-8940 often does not leave veterans with enough space to write all their physical and mental impairments. You can include an addendum with your form 21-8940. Just make sure you note on the main form that there is an additional section two.
TDIU lawyer explains what it takes to get Individual Unemployability:
Section III: VA Individual Unemployability Form 21-8940 Employment Information
One important thing every veteran should notice about this section is the date requirements. Box 18 wants you to cover the last five years you worked including self-employment. The VA wants you to list your employment for the last five years you worked. The VA does not want a work history from just the last five years, they actually want the last five years you worked!
Remember, there are VA Unemployability income limits. If you currently make more than the income limits, you won’t be considered for Individual Unemployability benefits. Do not lie about the amount of money you make. Trying to obtain federal benefits under false pretenses is a serious crime.
Veterans can attach statements from former employers with their TDIU form 21-8940. Have your former employer write a statement explaining why you are essentially unemployable.
Many veterans with severe service-connected conditions often work for friends or family members. That is because no one else would hire the veteran. If your former employer is a family member or friend, they can tell the VA you were employed because they knew you. They allowed you to get away with things other employees couldn’t do. For example, you were allowed to leave whenever your PTSD was affecting you. Other statements may show you missed lots of days from work because of depression. Or the former employer statement can tell the VA how you really weren’t good at your job because of your disabilities, but everyone liked you and they let you stay.
Learn More: Calculate your rating with our VA Disability Benefits Rating Calculator
Section IV: Schooling and Other Training
The VA wants to know all about your education and vocational training. The VA is going to consider your background and how that affects your chances of being employable. This is a reason our veterans disability benefits lawyers work with vocational experts to obtain reports for clients. A vocational expert can write a report about how your service-connected disabilities prevent you from doing your old profession.
For example, if you have neuropathy from Agent Orange exposure and you were an HVAC technician, you may not be able to grasp the mechanical items you need to do the job. Another example would be if you have service-connected schizophrenia and were a school teacher. It is likely your schizophrenia can prevent you from working with small children.
We see very few veterans that are attending school full-time receive Individual Unemployability benefits. Going to school full-time is an indicator to the VA that you intend on having a career after school. If you are just attending a few classes here and there with no intention of completing a degree, explain that in the remarks section.
Section V: Where to Send Correspondence
This section of the VA Individual Unemployability form 21-8940 is pretty self-explanatory. The VA is giving you two ways to submit the VA Individual Unemployability form 21-8940. Our VA disability compensation lawyers prefer sending applications by fax. This is because you get a confirmation that the VA received the fax. The VA has a bad habit of “not receiving” forms.
If you do chose to send your VA Individual Unemployability form 21-8940 by snail mail, we suggest you do so by certified mail. Once again, this creates a paper trail and the VA can’t claim they did not receive your VA Individual Unemployability form 21-8940.
Mail to:
Department of Veterans Affairs Evidence Intake Center
PO Box 4444 Janesville, WI 53547-4444
Fax to:
844-531-7818 (Toll-Free) OR
Local: 248-524-4260
Get the form at the VA’s website here.
FAQ: VA Individual Unemployability Form 21-8940 & IU Benefits
When you submit the VA Individual Unemployability form 21-8940 depends upon where your claim is in the process. Some veterans will be sent the VA Individual Unemployability form 21-8940 during the application process. Other veterans will have to submit their VA Individual Unemployability form 21-8940 after receiving a Rating Decision letter. If you are filing an increase, first file the increase claim, then file the VA Individual Unemployability form 21-8940.
Very rarely do veterans obtain TDIU benefits without filing the VA Individual Unemployability form 21-8940. It can happen, but don’t count on it. You don’t want to lose a TDIU claim just because you did not file a VA Individual Unemployability form 21-8940.
If you are trying to appeal a 70% VA rating for Individual Unemployability, you will want to submit a VA form 21-8940. This will let the VA know you are trying to obtain Individual Unemployability because you can’t work from service-connected disabilities.
The Individual Unemployability timeline can take years. You are going to need lots of patience through your claim. TDIU claims are not decided quickly. However, you should not let the VA’s wait-times discourage you from obtaining the benefits you deserve.
No. If you submit your TDIU form 21-8940 it will not affect your SSDI claim. As you know, veterans can get both TDIU and SSDI benefits at the same time. The two disability claims are processed by different government agencies and they each have their own requirements.
Veterans who fit into certain categories can have their claims expedited. Veterans can expedite VA disability claims due to financial hardship, terminal illness, homelessness, or advanced age. We want to warn you, even if your claim is expedited, it can take a very long time to reach a final decision.
TDIU lawyer answers veterans’ common questions about Individual Unemployability benefits:
Get Help With Your VA Individual Unemployability Form 21-8940
Since 1985, Woods & Woods has served thousands of injured and disabled veterans. Woods & Woods has entire practice teams in the law firm solely dedicated to Individual Unemployability claims. Our veterans unemployability lawyers are experienced and enjoy taking on the VA for clients.
Our VA-certified disability attorneys are nationally recognized. Woods & Woods is a national leader in Individual Unemployability claims. We develop evidence for your claim with doctors, psychologists, vocational experts, oncologists, and many other types of specialists to get you the evidence you need to win your Individual Unemployability claim. There is much more to winning Individual Unemployability claims than a form. Good lawyers develop cases when there is missing evidence.
No Charge for Help With Your TDIU Application
At Woods & Woods, we never charge for help with your Individual Unemployability application. Our law firm has helped thousands upon thousands of veterans file applications and obtains VA benefits at no cost to you until we win your case. Help with your Individual Unemployability benefits application is a free service Woods & Woods offers to veterans nationwide.
Ask Questions About Your TDIU Form for Free
If you have questions about your VA Individual Unemployability form 21-8940, give us a call. There won’t be a cost to talk with us about your VA Individual Unemployability form 21-8940. Lots of veterans call our Individual Unemployability lawyers with questions about this form.
You Only Pay if Your Appeal is Successful
If you decide to hire Woods & Woods for your appeal, our VA benefits appeals lawyers only charge if you win. If your VA disability appeal is not successful, you pay us nothing. We never charge upfront. Our lawyers do not bill by the hour. Phone calls are always free.