What it is
VA Form 21-8940, "Veteran's Application for Increased Compensation Based on Unemployability," is how you formally request TDIU. It asks for your work history, education, training, and the disabilities that prevent you from working.
When you use it
File it when you cannot hold substantially gainful employment because of service-connected disabilities. Under 38 CFR 4.16(a), you meet the schedular threshold if you have one disability rated 60% or more, or a combined rating of 70% or more with at least one disability at 40%. If you fall short of those numbers but still cannot work due to service-connected conditions, 38 CFR 4.16(b) allows the rating board to refer your case for extraschedular TDIU. Marginal employment, generally earnings at or below the federal poverty threshold for one person, does not count as substantially gainful.
What to gather before you fill it out
- Every employer for the last five years: name, address, dates, hours per week, highest gross earnings, and reason you left.
- Last date you worked full time and last date you worked at all.
- Education and any vocational training, including dates.
- Treatment records showing the conditions that drive your unemployability.
- A medical opinion linking those conditions to your inability to work helps but is not required.
How to submit
Upload through VA.gov, mail to the Evidence Intake Center, or file through an accredited representative. Expect VA to send VA Form 21-4192 to your former employers for verification.
Common pitfalls
- Leaving the employment history blank or vague, this is the centerpiece of the form.
- Listing non-service-connected conditions as the reason you cannot work; only service-connected disabilities count.
- Working above the poverty threshold in a regular competitive job while the claim is pending.
- Forgetting to sign and date Section VI.
Related forms
21-526EZ (claim or increase), 21-4192 (employer statement), 21-22 (representative).