I Can't Work Because of My VA-Rated Conditions. What Are My Options?

If your service-connected conditions are keeping you from working, you have more than one option with VA. You can ask VA to raise a rating if a condition has gotten worse. You may be able to be paid at the 100% rate through a benefit called Individual Unemployability (often shortened to TDIU), even if your rating is lower than 100%. And if you want to retrain for different work, VA has a program for that. Social Security disability is a separate program you can also look into.

This guide walks through each option in plain terms so you can decide what to ask about next.

Your Rating Measures Your Conditions, Not Whether You Can Hold a Job

Many veterans assume that if they could not work, VA would have already rated them at 100%. That is not how it works. VA's rating schedule assigns percentages based on the medical severity of each condition, measured against the "average" person with that condition. The schedule is not built to look at your particular job, your training, or what happens when you try to get through a full work week.

So it is possible to be rated 60%, 70% or 80% and still be unable to keep steady work. When that happens, VA has ways to look at your situation more closely. You usually have to ask.

The Options VA Offers When You Can't Work

1. Ask for a higher rating if a condition has gotten worse

If a service-connected condition is worse than when VA last rated it, you can file a claim for an increased rating. VA will want current medical evidence showing the worsening and how it affects your ability to work. Keep in mind that VA will look at the condition again, and the result depends on the evidence.

2. Individual Unemployability (TDIU)

Individual Unemployability is for veterans who cannot hold a steady job that supports them because of their service-connected conditions. If VA grants it, you are paid at the same rate as a veteran rated 100%, while your actual rating percentages stay the same. VA's term for the steady job you can't hold is "substantially gainful employment." Odd jobs and other "marginal" work do not count as substantially gainful. You can read the full explanation in What Is TDIU and Who Qualifies?. If you are not sure what VA means by "unable to work," see What Does "Unable to Work" Mean to the VA?

3. Veteran Readiness and Employment (VR&E)

If you want to work but need to change direction, VA's Veteran Readiness and Employment program (sometimes called Chapter 31) can help with evaluation, counseling, training and job search support for veterans whose service-connected disabilities limit their ability to work. It is a different program with a different goal from TDIU: VR&E is about getting back to suitable work, while TDIU is about being paid when work is not realistic. Our article TDIU and Vocational Rehabilitation: How VR&E and Vocational Evaluations Differ explains how the two relate.

4. Social Security Disability (a separate agency)

Social Security Disability Insurance (SSDI) is run by the Social Security Administration, not VA. It has its own rules and its own definition of disability, and you apply separately. According to Social Security, VA compensation and SSDI do not affect each other, so some veterans receive both. See Can You Get TDIU and Social Security Disability at the Same Time?.

Two Questions That Tell You Whether TDIU Is Worth Looking Into

First: do your ratings meet VA's numbers? Under VA's regulation (38 CFR 4.16(a)), you generally need either:

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

Veterans below those numbers are not automatically shut out. The regulation allows VA to refer some cases for "extraschedular" review, but that route is narrower. Our guide to TDIU rating requirements covers the details.

Second: is it your service-connected conditions that keep you from steady work? VA looks at whether your service-connected conditions, considering your work history and education, prevent you from getting and keeping substantially gainful work. VA does not count age, and it does not count health problems that are not service connected.

If the answer to both questions might be yes, TDIU is worth a closer look.

What "May Qualify" Really Means

No checklist can tell you in advance that VA will grant TDIU. VA decides each claim on its own facts, in what the regulation calls "the judgment of the rating agency." Two veterans with the same ratings can get different results because their conditions, jobs and records are different. That is why this article says you may qualify. The strength of the evidence matters a great deal.

First Steps You Can Take Now

• Find your rating decision letter. It lists each service-connected condition and its percentage. You can also see your ratings by signing in at VA.gov.
• Write down your work history. List your jobs, dates, duties, and when and why you stopped or cut back. Include missed days, changed duties, or a job you had to leave.
• Gather your treatment records. VA and private records that show how your conditions affect what you can do day to day.
• Look at the form. TDIU claims use VA Form 21-8940. Our article How to Complete VA Form 21-8940 explains it section by section. VA also asks for employment information from past employers on VA Form 21-4192.
• Talk to an accredited representative before you file (see below).

Frequently Asked Questions

Do I have to be rated 100% to be paid at the 100% rate?

No. Individual Unemployability pays at the 100% rate while your rating stays where it is, if VA finds you can't hold substantially gainful work because of your service-connected conditions.

Does "unemployable" mean I can't do anything at all?

No. It means you can't hold a steady job that supports you. Odd jobs and other marginal work do not count against you as substantially gainful employment.

Can my age or a non-service-connected condition be the reason?

No. VA's rules say age is not considered, and the inability to work has to come from service-connected conditions.

Is there a cost to get help from a VSO?

According to VA, help from an accredited Veterans Service Organization representative is always free. Accredited attorneys and claims agents can generally charge fees only after VA decides your initial claim.

Where to Go From Here

An accredited representative (a Veterans Service Organization representative, an attorney, or a claims agent) can look at your ratings and work history and tell you whether a TDIU claim makes sense, or whether another option fits better. You can find one through VA's accredited representative search on VA.gov. If you have been out of work for years, see Haven't Worked in Years Because of Your Service-Connected Conditions? You Can Still Ask About TDIU. If you are a family member helping a veteran who can't work, see My Husband, Wife, or Parent Is a Veteran and Can't Work: What VA Benefit Should We Ask About?.

If a TDIU claim does make sense, a vocational opinion can be one piece of the evidence. It looks at how your service-connected conditions affect your ability to get and keep work. If you'd like to talk through what that involves, contact our firm.