Individual Unemployability (TDIU) Cantrell Decision

THIS INFORMATION SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. YOU SHOULD STRONGLY CONSIDER THE BENEFITS OF CONSULTING WITH A TRAINED LEGAL PROFESSIONAL

Veterans can still receive Individual Unemployability, commonly known as TDIU, even though they are still working.  How is that possible?

Marginal employment is still an acceptable action by the Veteran as long as the Veteran is working in a protected environment and “particular employment” is modified or eliminated to support the Veteran employee.  Some responsibility of the job may even be overlooked if the Veteran Employee makes mistakes or cannot function in the same way as a “typical” employee.

The Veteran’s salary can even exceed the poverty level, again, as long as the employment is sheltered or protected.

This is an important benefit and lay statements from fellow Veterans and others can help.  The relevant regulation is Section 4.16