Navigating VA Form 21-8940: A Guide to TDIU Claims

 Posted on June 17, 2025 in Uncategorized

Securing your well-deserved VA benefits can be a challenging journey, especially when it involves meticulous paperwork that must be completed accurately to avoid denials. One such critical form is the VA Form 21-8940, which plays a pivotal role in the process of obtaining Total Disability Individual Unemployability (TDIU). This blog will cover the intricacies of VA Form 21-8940—what it is, when to file it, and how to sidestep common mistakes that could jeopardize your claim.

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Understanding TDIU

Before embarking on the specifics of VA Form 21-8940, it is essential to grasp what TDIU entails. Essentially, TDIU provides veterans who cannot maintain substantial gainful employment due to service-connected disabilities with compensation at the 100% disability rate, regardless of their combined disability rating. The standard eligibility criteria require one disability to be rated at 60% or a combined rating of 70% with at least one disability at 40%. However, navigating this journey is far from straightforward, and the VA often requires veterans to complete the VA Form 21-8940, despite existing evidence in your file indicating unemployability.

So why wait until you meet those percentage thresholds?

File the form as soon as you know you cannot work due to your service-connected disabilities. This move helps preserve the earliest effective date for your claim, which can be crucial down the line.

Breaking Down VA Form 21-8940

Even seasoned advocates struggle with filling out this form because of its complexity. If you're finding the form daunting, you're not alone. Let's dissect some of the more challenging sections:

• Box 8: Service-Connected Disabilities Impacting Employment - The VA wants to know which of your service-connected disabilities prevent you from working. List all your service-connected disabilities, while also stating that the combined effects of these disabilities make you unemployable. However, bear in mind that listing all disabilities may prompt a re-examination by the VA, so if a condition isn't contributing to your unemployability and you wish to avoid re-examination for it, consider leaving it off.
• Boxes 14-16: Employment Details - These boxes are often confusing due to their vague nature. Here's a simplified breakdown:
  • Box 14: Indicate when your disability began affecting full-time work (e.g., when you started struggling with work tasks, getting written up, or missing work due to medical appointments).
  • Box 15: State when you last worked full-time. This could be when you transitioned from full-time to part-time work or stopped working altogether.
  • Box 16: Mention the exact date you completely stopped working.
• Box 18: Employer Information - This section requires employment details for the last five years you worked, not the last five calendar years. For instance, if you last worked in 2015, the form should cover 2010-2015.
• Box 26: Remarks - This section can't be overstated in its importance. You should write "see attached statement" and provide a detailed narrative on a separate page. Discuss the educational limitations imposed by your service-connected disabilities and any occupational barriers you face. Include both physical and mental constraints, such as difficulty with prolonged sitting, standing, or social interactions. The goal is to paint a comprehensive picture of how your disabilities impact your employability, limiting the discussion to service-connected issues only.

Overcoming Denials

Filing for TDIU is notoriously difficult, with many applications being initially denied. If you're facing a denial, don't worry—seek assistance from a VA-accredited attorney who can provide expert guidance. For additional support, schedule a free consultation to discuss your appeal - https://calendly.com/vetlawoffice. With detailed preparation, zealous advocacy, and professional guidance, you stand a stronger chance of securing the benefits you rightfully deserve.

Completing VA Form 21-8940 can be a stumbling block for many veterans seeking unemployability benefits. By understanding what each section requires and how to avoid common pitfalls, you can significantly enhance your chances of success. Remember, early filing preserves your earliest effective date, and detailed documentation strengthens your case. As always, remain steadfast, seek professional help when needed, and keep pressing forward—because you have the power to change your outcome.