TDIU Explained: Eligibility, Evidence, and Back Pay

Описание: In this episode of Veterans Legal Lowdown, CCK Law partners Emma Peterson and Christine Clemens (also President of NOVA) break down Total Disability based on Individual Unemployability (TDIU), the VA benefit that can pay at the 100% rate when service-connected conditions prevent substantially gainful employment under 38 C.F.R. § 4.16. They walk through the two main paths to TDIU (schedular and extraschedular), explain how VA evaluates “marginal employment” and “protected work environments,” and clarify common misconceptions about age, retirement, school or job training, and household income. They also discuss whether TDIU is permanent, what can jeopardize it, and more.

READ the blog post here: https://cck-law.com/benefits/individu...

Try our FREE CCK Law VA Claim Builder tool:https://cck-law.com/va-claim-builder/

Read more about CCK Law here: https://cck-law.com/we-work-for-every...

Who We Are: Chisholm Chisholm & Kilpatrick is the nation's leading veterans law firm. Since 1999, CCK Law has grown to include more VA-accredited advocates and attorneys than any other firm and represent nearly 30,000 veterans or their dependents before Veterans Affairs or the U.S. Court of Appeals for Veterans Claims. CCK Law attorneys have argued many of the most precedent-setting cases in veterans law, playing an indispensable role in clarifying the benefits of millions of veterans. As of 2025, the firm has published over 2,500 pages and 800 videos of free legal resources for veterans and their dependents.

Feel free to ask questions, give us feedback, or request new veterans' law topics below! And don't forget to SUBSCRIBE so you won’t miss future videos. Visit our website at cck-law.com or call (888) 559-1385.

0:00 Introduction
2:03 What is TDIU and How Much Does It Pay?
4:01 Why TDIU is a Vital Lifeline for Veterans
6:03 Eligibility Requirements and the Role of Age
8:06 Schedular vs. Extraschedular Paths to 100%
10:12 Recent Legal Changes: The Witkowski Case
12:39 Can You Work? Marginal Employment Defined
14:55 Protected Work Environments Explained
19:05 How to Prove Unemployability to VA
21:51 Using Vocational Experts to Win Your Claim
24:03 Step-by-Step Guide to Applying for TDIU
26:34 Effective Dates and Avoiding Back Pay Errors
29:17 FAQ: Self-Employment, Retirement, and Gigs
30:26 Is TDIU Permanent and Total?
31:44 Common Reasons for Reduction or Termination
33:17 Does Going to College Disqualify You?
37:50 Deep Dive into Marginal Employment Math
40:20 Sheltered Workshops and Family Businesses
42:22 Income Thresholds and Dependent Impacts
45:47 Impact of Household Income on Your Benefits
48:10 How to Get a Permanent and Total Determination
54:02 Resources for Your VA Appeal