VA Form 21-8940 — TDIU Application (Complete Guide)
Required Forms
What the form asks and why
The 21-8940 collects the facts VA needs to decide the unemployability question: which service-connected disabilities prevent work, the date you last worked full time, the five years of employment history preceding that date, your education, and any training since you stopped working.
VA compares reported earnings against the federal poverty threshold for one person. Employment below that threshold, or work in a protected environment such as a family business with special accommodations, is generally treated as marginal employment rather than under § 4.16(a).
Section-by-section walkthrough
- Section I — Identify only service-connected disabilities that prevent you from working. Non-service-connected conditions and age cannot be the basis for .
- Section II — Employment history for the five years before you last worked full time: employer, type of work, hours per week, time lost from illness, and highest gross earnings per month. VA sends VA Form 21-4192 to those employers.
- Section III — The date your disability affected full-time employment and the date you last worked full time. These dates drive the analysis.
- Section IV — Education and training, including any completed since you stopped working.
- Section V — Remarks. Use it for facts, such as accommodations an employer provided or absences the record does not otherwise show.
- Certification and signature — Required; VA returns unsigned applications.
TDIU can be part of an appeal already in progress
Under Rice v. Shinseki, when a raises unemployability, or the record reasonably raises it, in connection with an increased-rating , is part of that claim rather than a separate one. That matters for effective dates: entitlement can reach back to the date the increased-rating issue was pending, provided the evidence supports it.
For that reason the 21-8940 is often filed alongside a or on the underlying evaluations rather than as a standalone filing.
Check this against your paperwork
| If your record shows this | What it means |
|---|---|
| Your decision granted an increase but never mentioned unemployability, and the file shows you stopped working | TDIU may have been reasonably raised and left undecided — an inferred-claim issue under Rice. |
| You work part time and earn below the poverty threshold | That is generally marginal employment, which does not by itself defeat TDIU under § 4.16(a). |
| You do not meet the 60 or 70 percent thresholds | § 4.16(b) extraschedular referral to the Director of Compensation Service exists for that situation; the decision should address it if the record raises it. |
| The denial relies on your age or a non-service-connected condition | Neither is a permissible basis for denying TDIU. |
| A former employer never returned VA Form 21-4192 | The duty to assist governs how far VA must go; your own records — pay stubs, personnel file, accommodation letters — can fill the same gap. |
Frequently Asked Questions
References & sources
Useful Tools & Topics
Have questions about your specific case?
Every veteran's facts are different. A free initial consultation with a VA-Accredited Claims Agent can tell you whether your matter is a fit for representation — and what the right next step looks like either way.
Disclaimer: This page is for educational purposes only and does not constitute legal advice. Oakridge Claims is a private business and is not affiliated with, endorsed by, or operated by the U.S. Department of Veterans Affairs. No guarantees of outcomes are made. Each claim is decided on its individual facts.
Related guides
VA Form 21-8940: TDIU Application
Line-by-line walkthrough of VA Form 21-8940 — employment history, earnings, education, and the substantially gainful employment standard for TDIU under 38 CFR § 4.16.
TDIU vs. 100% Schedular — Which Is Better?
Side-by-side comparison of Total Disability Individual Unemployability and a 100% schedular rating — pay, work rules, P&T eligibility, and SMC implications.
VA Form 21-4142: Authorization to Release Records
How VA Form 21-4142 authorizes VA to request private medical records on your behalf, why deadlines matter, and when you should obtain records yourself instead.
VA Form 20-0995 — Supplemental Claim
Line-by-line guide to VA Form 20-0995: the new and relevant evidence standard, the one-year effective-date window, and how to identify the issue correctly.