If you’ve received a request from the VA to fill out and submit form 21-4140, you may be wondering how the process works, where to find the form, and why the VA is asking for this information.
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Below, we explain what VA form 21-4140 is, how it applies to veterans receiving TDIU, and what questions you’ll find on it. We also share more about TDIU and whether veterans can work while receiving this benefit.
In this article about VA form 21-4140:
VA form 21-4140: What it is and when to use it
VA form 21-4140 is also known as the Employment Questionnaire. It is for veterans who receive TDIU, and is only filled out upon request from the VA.
This short form is used to verify your current employment and any earned income. The VA monitors the wages of most veterans receiving TDIU using data from the Social Security Administration.
If this information suggests you are receiving income above the poverty line, you will be sent form 21-4140. If you choose not to fill out the form, you risk a reduction in your monthly TDIU benefits.
Working only within specific guidelines is key for maintaining TDIU eligibility. We explain more about TDIU benefits and who qualifies below.
What is VA TDIU?
TDIU stands for total disability based on individual unemployability, and is also sometimes called simply “individual unemployability” or “IU” benefits. An award of TDIU benefits means you can’t work because of service-connected health conditions. Veterans with TDIU do not qualify for a 100% rating based on the rating criteria for their conditions, but the VA compensates them at the 100% level in order to compensate for their inability to work.
You can apply for TDIU if you can’t work because of a service-related mental or physical medical condition or multiple service-connected conditions and their side effects. TDIU can be permanent, but it’s not always. It depends on your situation and whether your condition can improve.
Veterans will typically be eligible for TDIU if they have:
- At least one service-connected disability rated at 60% or more disabling OR
- Two or more service-connected disabilities with at least one rated at 40% or more disabling and a combined rating of 70% or more
In some cases, veterans may also be eligible for extraschedular TDIU if the above rating criteria is not met.
While veterans receiving TDIU benefits can’t work what the VA calls substantially gainful employment, certain situations allow veterans to earn income while receiving these benefits. This is where VA form 21-4140 comes in. It helps the VA determine if a veteran is working, and if so, whether their work disqualifies them from TDIU benefits.
What is substantially gainful employment?
The VA defines substantially gainful employment as “employment at which non-disabled individuals earn their livelihood with earnings comparable to the particular occupation in the community where the veteran resides. It suggests a living wage.”
In other words, employment might be substantially gainful if the job pays a competitive wage above the poverty threshold as set by the U.S. Census Bureau.
What is marginal employment?
If a working veteran’s income is below the federal poverty line or the veteran cannot work without considerable accommodations from their employer, this would be considered marginal employment. Marginal employment is not substantially gainful.
Accommodations may include being allowed to leave early and often when symptoms flare. This is known as a sheltered or protected work environment.
Factors the VA may consider when determining if employment is marginal also include hours worked each week, the veteran’s prior work experience and income compared to their current situation, if the employer is a friend or family member, and opportunities for local employment in the field the veteran is trained to work in, among others.
Additionally, the VA treats passive income, such as money from dividends or renting out a property, differently than active income from work.
“They brought me from being stuck at 30%. Denial after denial. Finally rated at 70%. Appealed for total and unable to work disability since 2014. Without Woods & Woods, I would still be stuck at 30%.”
F.H.
Filling out VA form 21-4140
VA form 21-4140 is short, containing only three sections.
Section I is used for identifying the veteran and includes spaces for name, Social Security number, and contact information. At the bottom of this section is one additional question: were you employed by the VA, others, or self-employed at any time during the past 12 months? Veterans must check ‘yes’ or ‘no.’
Veterans who select ‘yes’ must fill out Section II of form 21-4140. Any work, including employment the veteran considers marginal, part-time, or sheltered, should be included. This is up to the VA to determine and is why veterans receiving TDIU should exercise caution when considering returning to work.
In Section II, veterans who worked in the past year will write in the name and address of the employer, what role they performed, hours worked each week, and dates of employment. This section also asks how much time the veteran had to take off from work due to their illness, and how much money they earned before taxes or deductions were taken out.
Veterans who select ‘no’ will skip ahead to Section III. This section allows the veteran to certify they did not work at any time in the past 12-month period. It also includes a note warning veterans that providing false information to obtain benefits can result in penalties.
How Woods & Woods can help
Our TDIU lawyers have helped thousands of veterans nationwide who can no longer work because of their service-connected conditions. Call us today for your free, confidential TDIU case evaluation. You won’t pay us unless we win your claim.
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Frequently asked questions
VA form 21-4140 is also known as the Employment Questionnaire. It is for veterans who receive TDIU and is used to verify your current employment and earned income.
Veterans only need to fill out VA form 21-4140 if they receive a request to do so from the VA.
Neil Woods
Neil Woods is a VA disability attorney and the owner and president of Woods & Woods. He received his law degree from Western Michigan University.
