TDIU Attorney in Georgia

VA-Accredited Attorneys Helping Georgia Veterans Win Individual Unemployability Claims

Total Disability based on Individual Unemployability (TDIU) is a VA benefit that pays veterans at the full 100% disability compensation rate even when their combined schedular rating falls below that threshold. For many Georgia veterans, it’s an important path to the compensation their service-connected conditions may support. At Affleck & Gordon, our VA-accredited attorneys have helped thousands of disabled veterans recover the benefits they’ve earned, and we bring that same methodical preparation to every TDIU claim we handle.

Georgia is home to one of the largest veteran populations in the country, and veterans here face the same challenges veterans everywhere do: a VA process that’s slow, technical, and unforgiving of incomplete records. Since 1977, Affleck & Gordon has represented clients throughout the state, from Atlanta to Augusta, Columbus to Macon, recovering millions of dollars in disability benefits for more than 25,000 people.

If you’re a Georgia veteran who can’t sustain employment because of a service-connected disability, call us at (404) 990-3945 to discuss your individual unemployability claim in a free consultation.

Why Georgia Veterans Choose Affleck & Gordon for TDIU Claims

Representing a veteran in a TDIU claim requires VA accreditation. Not every disability attorney has it. Ours do, and that accreditation is the foundation for everything that follows: filing the right forms, gathering the right evidence, and staying with the claim through any appeal or hearing the VA requires.

Our attorneys are known for thorough, methodical case preparation. We’re resourceful in identifying favorable evidence, and we don’t hand cases off. Clients have direct access to our legal team from the initial filing through the final decision, with calls returned promptly and updates provided throughout. Attorney Allison Affleck has been recognized as a Super Lawyers Rising Star, and two generations of attorneys on our team bring continuity and depth to every case we take on.

TDIU Eligibility: Schedular & Extraschedular Paths

TDIU eligibility is governed by 38 CFR 4.16, which sets out two standard rating thresholds. Understanding which path applies to your situation shapes how the claim is built from the start.

Schedular TDIU

The schedular path applies when a veteran meets one of two rating combinations. A single service-connected disability rated at 60% or higher qualifies on its own. Veterans with two or more service-connected disabilities may qualify when at least one is rated 40% or higher and the combined rating reaches 70% or more (the 70/40 rule). A successful grant pays the same monthly amount as a 100% disability rating, even though the veteran’s underlying schedular rating doesn’t change.

Extraschedular TDIU

Veterans who don’t meet those thresholds may still qualify through the extraschedular route. Here, the VA looks at whether a veteran’s service-connected disabilities prevent them from maintaining substantially gainful employment regardless of their numeric rating. “Substantially gainful employment” generally means work that provides income above the federal poverty level on a sustained basis. A veteran who earns below that level, or who can only work with special accommodations unavailable in a typical competitive job, may still qualify for TDIU even with some income. The extraschedular path requires a stronger evidentiary record, which is where thorough case preparation can make a difference.

Answers you can count on

Social Security Disability Insurance (SSDI) is a federal program funded by social security taxes that pays monthly benefits to you if you have a severe physical and/or mental disability that prevents you from working, and if you become disabled before you reach retirement age.
Disability is defined by documentation of a physical and/or mental condition which prevents you from performing “substantial gainful activity” (SGA). SGA basically means work performed in exchange for payment. A disability is defined as a mental and/or physical condition expected to last at least 12 months or to result in death. Whether one is eligible for disability is a matter subject to some interpretation. Although your doctor may have advised you not to work, or you may feel too ill to work, the Agency will not necessarily agree that you are disabled. Social Security initially evaluates disability based on a catalog of physical and mental conditions called a “Listing of Impairments.” These are available on the Social Security Administration website, www.ssa.gov (search for “Listing of Impairments”). Even if you can’t show that your condition is exactly as described in the listing, it is still possible to prove that you are disabled. Furthermore, even if you are denied benefits because Social Security says you are not disabled, you have a good chance of winning on appeal. An attorney can be very helpful at a hearing.
Briefly, SSI is a government program that pays monthly benefits to disabled adults and children or elderly people whose incomes and assets are limited or non-existent.
The Veterans Administration provides monthly, tax-free compensation to former U.S. military service members injured or suffering from a chronic disability related to their time in service, or whose pre-existing condition their duties exacerbated. Veterans may qualify for benefits stemming from physical or mental conditions developed during or after their service. Physical injuries during service are common, as are mental conditions brought on by the rigors of active duty, including post-traumatic stress disorder. Chronic conditions and pre-existing conditions made worse by your military service are also covered by VA disability in some situations where the connection to your time in service is established.

View All FAQs

Start Your TDIU Claim With No Out-of-Pocket Cost

Affleck & Gordon offers free initial consultations and handles VA disability claims on a no win, no fee basis. Attorney fees are collected only from successful awards, so there’s no upfront cost for getting a legal review of your claim. Call us at (404) 990-3945 to speak with our team about your individual unemployability case.

Filing a TDIU Claim: Forms, Evidence, & Effective Dates

A TDIU claim centers on two VA forms. VA Form 21-8940 is the veteran’s application for increased compensation based on unemployability. VA Form 21-4192 requests employment information from past employers. Together, these forms document work history and the impact of the veteran’s disabilities on their ability to hold a job, and they’re the foundation the VA uses to evaluate the claim.

Strong claims pair those forms with supporting documentation. The types of evidence that typically strengthen a TDIU file include:

Medical records establishing how service-connected conditions affect daily functioning and work capacity
Work history documentation showing the veteran’s employment record and the point at which disabilities made sustained work impossible
Lay statements describing how the disability prevents employment day to day

The VA’s Atlanta Regional Office, located in Decatur, processes compensation claims and appeals for veterans throughout Georgia, including TDIU claims. One detail that often gets overlooked: the effective date the VA assigns to a TDIU award determines how far back a veteran’s back pay reaches. The VA can set this date incorrectly, which makes early filing and prompt appeal important to pursuing the full amount claimed.

Pursuing TDIU & Social Security Disability at the Same Time

Veterans can receive VA TDIU and Social Security Disability Insurance (SSDI) benefits simultaneously, with no offset between the two programs. That said, TDIU and SSDI are governed by separate eligibility rules, so qualifying for one doesn’t automatically mean qualifying for the other. When the VA evaluates a TDIU claim, it’s required to consider any Social Security Administration disability records in its file, which means those records can support a veteran’s claim when they exist.

Affleck & Gordon handles both Social Security disability and veterans’ disability claims, so Georgia veterans pursuing benefits through both systems can work with a single legal team that understands how the two interact. When evidence from one claim can support the other, that continuity matters.

What you deserve. What we deliver.

You Deserve Financial Security
Your case is important to you, and it’s important to us. It represents how you will or will not be able to take care of your basic needs, as well as those of your family, for the foreseeable future. We are committed to fighting for what you deserve.
You Deserve a Thorough Team
The Affleck & Gordon team is not only committed to your case, but we are committed to you. We understand that this is your life and your future, and will diligently do everything on our end to obtain a favorable decision on your behalf.
You Deserve Experienced Counsel
With over 45 years of experience and tens of thousands of individuals helped, our team has the skill, resources, and determination to aggressively and strategically evaluate, understand and fight your claim.
You Deserve Dedicated Representation
At Affleck & Gordon, we are committed to providing the highest possible legal counsel. We return calls promptly, keep you up to date on your case, and will always be there for you. We do not rest until you get what you deserve.

Our Story. Our Mission. Our Clients.

View More Videos

Trusted by clients. proven by results.

4.8 292 Reviews

View All Reviews

I Was Very Pleased with How My Case Turned Out!
“I was very pleased with how my case turned out. Everyone at Affleck And Gordon was very nice, and knowledgeable and helped me to win my case. I would refer anyone to use Harry Brenner at Affleck And Gordon for their disability case. He was outstanding!”

- Dapheny H.

I Was Very Pleased with How My Case Turned Out!
"I was very pleased with how my case turned out. Everyone at Affleck And Gordon was very nice, and knowledgeable and helped me to win my case. I would refer anyone to use Harry Brenner at Affleck And Gordon for their disability case. He was outstanding!"

- Dapheny H.
All True Professionals!
“Mr. Brennan goes far above and beyond!!!! He and his supporting staff are all true professionals!!! They will hand-hold you throughout the entire process and never let go. They all are a blessing!”

- Valerie R.

All True Professionals!
"Mr. Brennan goes far above and beyond!!!! He and his supporting staff are all true professionals!!! They will hand-hold you throughout the entire process and never let go. They all are a blessing!"

- Valerie R.
I Recommend This Firm To All Of My Military Friends!
“This firm is absolutely MAGNIFICENT! Everything they said they would do for me, they did!!! I recommend this firm to all of my military friends!!!”

- Past Client

I Recommend This Firm To All Of My Military Friends!
"This firm is absolutely MAGNIFICENT! Everything they said they would do for me, they did!!! I recommend this firm to all of my military friends!!!"

- Past Client
Harry Kept Me Positive and Held Me Together.
“Affleck and Gordon made the difference in my husband's VA claim. From the day I made the first phone call in March of 2022 I knew they would be there for us. I was at a total loss as to how to even begin a Compensation Claim for Agent Orange exposure. My h”

- Karon M.

Harry Kept Me Positive and Held Me Together.
"Affleck and Gordon made the difference in my husband's VA claim. From the day I made the first phone call in March of 2022 I knew they would be there for us. I was at a total loss as to how to even begin a Compensation Claim for Agent Orange exposure. My husband's claims were not all Presumptive which made the case more difficult.

They walked me through every step and convinced me I could do this for my Marine. Even when we lost our initial filing they would not let me give up. They immediately filed an appeal and within 2 months we had a date for the Appeals judge to hear our case since my husband was 76 years old.

They made sure we had the tools we needed to win the appeal by connecting us with a company that was able to write a NEXUS letter that helped to explain and prove our claim.

On September 19, 2023, we received the decision from VA and they granted every item that had been denied at the original decision. This meant my husband would now be able to get the Memory Care facility placement he would soon need and I would not have to worry again about what would happen to my Hero if I'm not here. From start to finish our claim took about 2 1/2 years which is nothing when dealing with the VA.

Harry Brenner, our attorney never left my side during this journey. He kept me positive and held me together so I could do what was necessary. We consider him a true blessing.

Thank you, Affleck and Gordon for everything."

- Karon M.
Life-Changing Experience For Me!
“This has honestly been a life-changing experience for me!! I thank God for attorney Harry Brenner! I will forever be grateful!”

- Larry C.

Life-Changing Experience For Me!
"This has honestly been a life-changing experience for me!! I thank God for attorney Harry Brenner! I will forever be grateful!"

- Larry C.

Connect With Us Real help, just a conversation away.

Reach out for a free, confidential consultation and let us help you move forward with confidence.

Get Started