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The VA DisabilityADVOCATE

What The VA Won’t Put In Writing

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Description

We decode the evidence rules, exam traps, and rating tricks the VA won’t spell out, then fight to win what you earned.

Notes

Information here is free. Optional accredited representation, no fees unless you win.

VA-ACCREDITED CLAIMS AGENT #45147DENIALS REOPENEDLOW RATINGS CHALLENGEDC&P EXAMS AUDITEDEFFECTIVE-DATE & CUE HUNTSTDIU · SMC · PACT ACTNO WIN, NO FEE ON 20% OR 30% REPRESENTATION · $750 FLAT MISSION 5 BRIEFGOVERNED BY 38 CFR §14.636SECONDARY CONDITIONS LINKEDTERA & TOXIC-EXPOSURE CLAIMSBOARD & HIGHER-LEVEL APPEALSFREE CASE REVIEW, ASK A QUESTIONVA-ACCREDITED CLAIMS AGENT #45147DENIALS REOPENEDLOW RATINGS CHALLENGEDC&P EXAMS AUDITEDEFFECTIVE-DATE & CUE HUNTSTDIU · SMC · PACT ACTNO WIN, NO FEE ON 20% OR 30% REPRESENTATION · $750 FLAT MISSION 5 BRIEFGOVERNED BY 38 CFR §14.636SECONDARY CONDITIONS LINKEDTERA & TOXIC-EXPOSURE CLAIMSBOARD & HIGHER-LEVEL APPEALSFREE CASE REVIEW, ASK A QUESTION
Total Disability based on Individual Unemployability (TDIU): 100% Pay Below 100%
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Total Disability based on Individual Unemployability (TDIU): 100% Pay Below 100%

AT

Albert Thombs

Founder & VA-Accredited Claims Agent · #45147

July 21, 20261 min read2 reads

If service-connected conditions keep you from holding steady work, you can be paid at the 100% rate without a 100% schedular rating.

Total Disability based on Individual Unemployability: TDIU, pays you at the 100% rate when your service-connected conditions prevent you from holding substantially gainful employment, even if your combined rating is below 100%.

The thresholds

Schedular TDIU generally requires one condition rated at 60%, or a combined 70% with at least one condition at 40%. If you do not meet those numbers, extraschedular TDIU is still possible on the facts.

Getting Started, illustration
Understanding getting started, what the VA looks for.

Proving it

  • Your work history and why the conditions ended it
  • Medical evidence tying the limitations to service-connected conditions
  • Sometimes a vocational expert opinion

“Substantially gainful” is the key phrase, marginal or sheltered work does not disqualify you. The VA can also match your reported income against SSA wage records, so the employment picture has to be documented honestly and completely.

The entire framework governing VA disability compensation is codified in Title 38 of the Code of Federal Regulations, with the rating schedule at 38 CFR Part 4 and the service-connection standards at §3.303 (direct), §3.310 (secondary), and §3.306 (aggravation). Raters adjudicate claims using the procedures in M21-1, the VA's internal manual that tells them exactly what evidence to develop, what exams to order, and how to apply the rating schedule. Under Gilbert v. Derwinski, when the evidence is in approximate balance, every doubt must be resolved in your favor. Under Caluza v. Brown, service connection requires three elements: a current disability, an in-service event, and a medical nexus linking the two, miss any one, and the claim fails.

Official VA Video · Government Produced
How Your Combined Rating Is Calculated
Total Disability based on Individual Unemployability (TDIU): 100% Pay Below 100%, supporting image
Filed under:Getting Started
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A veteran describing his symptoms to his doctor while the doctor types notes
Your responsibility as a veteran

Your Part in This Is Not Optional

I will be straight with you. No advocate on earth can win a claim for a veteran who will not do his or her part. The VA decides on the record, and you are the only person who can build the medical side of that record. We do the legal and forensic work. You do yours. Here is what that means, every single time:

  • See a doctor and get every symptom written into your medical record. If it is not on paper, the VA treats it as if it never happened.
  • Keep a symptom journal. Dates, flare-ups, missed work, the nights you did not sleep. That is the evidence of how this condition actually runs your life.
  • Answer every VA letter and every request for evidence before the deadline. Silence gets claims denied.
  • Show up to your C&P exam and describe your worst days honestly. Do not tough it out in that room. Do not exaggerate either.

You do your job and we will do ours. That is how claims get won.

Choose Your Service

The Three Services

We offer three completely separate services, kept distinct on purpose so you know exactly what you are buying, what it costs, and how it is paid. These are not tiers of one agreement, you choose the single option that fits your situation.

Two are contingency representation with no cost up front; they differ by how hard the case is and how the fee gets paid. The third is a flat-fee forensic report for the veteran who wants to fight the claim himself.

An accredited claims agent and a veteran reviewing a clean, single-issue appeal together
Option 1

Standard Direct-Pay Representation

20% of back pay

No cost up front, nothing out of pocket. The VA withholds our fee and pays us directly under §14.636(h). Best for cleaner, more recent, single-issue denials, routine higher-level reviews, supplemental claims, and rating increases, carried all the way to the Board of Veterans’ Appeals.

See full details
An advocate reviewing a veteran's decade-deep claims file
Option 2

High-Complexity Representation

30% of back pay

For high-complexity cases, long claim histories, prior Board denials, CUE, complex effective-date and TDIU fights, multi-issue toxic exposure. Still no cost up front. Because the VA pays a rep only up to 20% directly, the VA sends your full retro to you and we invoice you directly for the 30%. Lawful, but never entered into lightly.

See full details
A forensic file audit in progress
Option 3

Mission 5 Intelligence Brief

$750 flat

A standalone forensic file review and written road map, not representation. For the veteran with a tough, older case who wants to fight it himself and keep 100% of his back pay. We audit your file, show you every error, and hand you the plan. Available only to veterans who already have a VA decision.

See full details

The exact contingency percentage on your case is set in a written agreement by the complexity of the work, always within the maximum the law allows. Federal-court litigation, if it is ever needed, is a separate, pre-agreed arrangement.

A veteran shaking hands with his VA-accredited claims agent after reviewing his claim
Denied or under-rated?

Talk to a VA-accredited claims agent about your claim

Albert L. Thombs Jr. is a US Army veteran, VA-Accredited Claims Agent #45147, and 100% service-connected himself. He personally reviews every request. Fees are capped by 38 CFR §14.636, and there are no fees on representation unless you win.

702-992-4883

Mon–Fri, 11AM–6PM Pacific

Questions are always free. The Mission 5 Brief is $750 flat.