Need help with TDIU

You should file for TDIU (Total Disability based on Individual Unemployability) immediately, as your inability to maintain substantially gainful employment due to your service-connected conditions is the core of this benefit. The VA often improperly relies on a single exam snapshot (like your 2025 exam) that may not reflect your chronic inability to work, which is a recognized error. Under 38 CFR 3.341(a), TDIU considers whether a veteran is “unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities.” Your work history since 2021—with jobs lasting no more than 8 months and a recent resignation in 2026 due to mental health—constitutes “marginal employment,” which does not preclude a TDIU grant per 38 CFR 4.16(a). For mental health, reference Diagnostic Code 9411 under 38 CFR 4.130, focusing on occupational impairment. The precedent in *Fenderson v. West* emphasizes the VA must consider the cumulative effect of disabilities on employability, not just high ratings. Your actionable next steps are: 1) File VA Form 21-8940 (Veteran’s Application for Increased Compensation Based on Unemployability) and a supporting VA Form 21-4138 (Statement in Support of Claim) detailing your work attempts and failures since 2021, specifically noting how symptoms forced your resignation. 2) Obtain and submit employment records and resignation letters as evidence. 3) Secure a supportive nexus/opinion from your treating psychiatrist or psychologist stating your service-connected mental health prevents substantially gainful employment. 4) If denied, promptly appeal, as case law like *DeLuca v. Brown* allows for the submission of additional evidence to demonstrate increased severity. **Disclaimer: This is educational information for claims assistance and not legal or medical advice; for personal guidance, consult an accredited VA attorney or agent.**