VA Form 21-8940: TDIU Application
The TDIU standard
Under 38 CFR § 4.16(a), may be granted schedularly when the has one 60%+ disability, or a combined 70%+ with at least one 40%+ disability, and is unable to secure or follow a substantially gainful occupation because of service-connected disabilities. Under § 4.16(b), may be considered when the schedular thresholds are not met but the veteran is nonetheless unemployable.
'Substantially gainful' generally means earnings above the federal poverty threshold for one person. 'Marginal employment' — earnings at or below poverty, or in a protected work environment such as a family business or sheltered workshop — does not disqualify.
What Form 21-8940 asks for
- Employment history for the last five years — employer name, address, dates worked, hours per week, monthly earnings, and reason for leaving.
- The date the became too disabled to work.
- Education and training history.
- Any employer accommodations the received.
- Certification that the information is accurate.
Companion forms and records
- VA Form 21-4192 — VA sends this to each recent employer to confirm dates, earnings, and reasons for leaving. Inconsistencies with 21-8940 are heavily scrutinized.
- Social Security earnings statement — VA can request this and compare against reported income.
- Medical opinion addressing occupational functioning — often from a treating provider or vocational expert, not required but very persuasive.
Common evidence patterns for approval
- Medical opinion that the service-connected conditions, considered together, preclude .
- Vocational expert report addressing transferable skills and job availability given the 's limitations.
- Statements from prior employers about attendance, productivity, and reason for termination.
- Documentation of failed attempts at employment or vocational rehabilitation.
Disclaimer
Educational and informational content only — not legal or medical advice. Oakridge Claims is a private, independent business and is not affiliated with the U.S. Department of Veterans Affairs. Representation is provided by a VA- in accordance with 38 C.F.R. § 14.636. Outcomes depend on individual facts; no specific result is guaranteed.
Where these claims break down
- ×Reporting current income above the marginal-employment threshold without explaining that it is a protected work environment or accommodated position.
- ×Inconsistencies between 21-8940 and 21-4192 — VA compares them directly.
- ×Filing TDIU without a medical opinion addressing occupational functioning.
- ×Missing the § 4.16(b) extraschedular argument when schedular thresholds are not met.
Frequently Asked Questions
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.
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