Florida Total Disability Individual Unemployability Attorney

The Department of Veterans Affairs (VA) outlines eligibility for standard schedular TDIU in the Code of Federal Regulations (CFR). Under 38 CFR § 4.16(a), in order to be eligible for TDIU, a veteran must have:

• One disability with a VA rating of 60% or higher OR
• Two or more disabilities with a combined VA rating of 70% or higher, with at least one of these disabilities rated at 40% or higher

Veterans must also have a demonstrated inability to secure or maintain substantial gainful employment due to their service-connected disability. Reasons for this may include physical limitations, chronic pain, or mental health conditions that prevent a veteran from holding a regular paying job.
Veterans who don’t meet the above disability percentage thresholds but still cannot work may be eligible for extraschedular TDIU, which also pays out at the 100% rate. Extraschedular TDIU is assigned when a veteran’s rating does not accurately reflect the severity of their disability or the unique nature of their symptoms.

Veterans who are “marginally employed” (meaning their income is below the federal poverty threshold) may also qualify for TDIU. This threshold is set out by the U.S. Census Bureau and varies by year and number of people in a household. The threshold limits for 2025 are as follows:

In addition, veterans with marginal employment seeking TDIU benefits in Florida must work in a protected/sheltered work environment. These are environments where individuals are either given reduced expectations due to their disability or provided with special accommodations made on their behalf, such as unlimited breaks or time off.

To qualify for TDIU with marginal employment, Florida veterans must have sufficient documentation surrounding their income, work environment, and the type of work performed.

There are two primary forms associated with applying for TDIU VA Florida benefits, both of which must be completed and sent to the VA.

Examples of supporting evidence:

• Medical records and treatment history
• Doctors’ statements
• Vocational reports
• Lay statements
• Social Security Administration (SSA) decisions, when relevant

Step 1: Free Case Review – Contact a local contingency-based veterans’ law firm for a free eligibility overview and ongoing support with your VA unemployability claim in Florida.

Step 2: Submit Forms and Evidence – Complete and submit VA Forms 21-8940 and 21-4192. Make sure to be as clear, accurate, and thorough as possible, and supply all relevant evidence along with your application.

Step 3: Wait for a Decision – The VA will review your applications and supporting documents, then provide you with a decision on TDIU eligibility.

Step 4: Appeal, If Needed – If you were denied TDIU benefits, you still have options. Work with a Florida veterans’ law firm to seek a higher-level review, file a supplemental claim, or appeal your denial directly to the VA board.

When granted, TDIU benefits provide Florida veterans with monthly payments at the 100% disability compensation rate. Health and ancillary benefits generally align with a total disability rating, and may include access to VA healthcare services, dental services, and educational assistance.

Effective dates for TDIU disability are assigned by the VA and are based on either the date the claim was filed or the date a veteran became eligible (usually whichever is later). If the VA determines your effective date is prior to when you filed your claim, you may be eligible for back pay. For these and other reasons, it’s important that your claim include ample information regarding when your individual unemployability began.

Gordon & Partners Law Firm is proud to support the Florida veteran community with statewide help for VA disability claims and appeals, including TDIU compensation.

• VA-focused team
• Strong appeals experience
• Clear communication
• Statewide coverage
• Local offices

With local offices in Palm Beach Gardens, Plantation, and Stuart, plus the ability to help veterans across the state of Florida, we ensure that no veteran is on their own when it comes to getting the financial help they need and deserve.

Get individualized help on a contingency-fee basis with no upfront fees, and only pay once you receive VA compensation. Free case reviews are available 24/7, so contact us today to get started.

Do I need both 21-8940 and 21-4192 forms to apply for TDIU?
Yes, VA forms 21-8940 and 21-4192 are both required when you apply for TDIU.

Can I work and still get TDIU?
Yes, so long as you are marginally employed (earn at or below the federal poverty threshold) and work in a protected environment (receive special accommodations or work expectations due to your service-connected disability).

What if I don’t meet the percentage thresholds for TDIU?
If you do not meet the 70/40 disability percentage threshold for schedular TDIU you may still qualify for extraschedular TDIU based on the severity or unique nature of your disability symptoms.