To amend title 38, United States Code, to codify the authority of the Department of Veterans Affairs to provide disability compensation based on individual unemployability, and for other purposes.

119th Congress Introduced by Keith Self

The bill codifies VA authority to award disability compensation based on individual unemployability (TDIU) for veterans unable to engage in substantial gainful employment.

Introduced in House

Summary of HR 9135 (Session 119)

Purpose and intent

HR 9135 seeks to amend title 38 of the United States Code to codify the authority of the Department of Veterans Affairs (VA) to provide disability compensation based on individual unemployability (TDIU). The bill aims to formalize and recognize VA’s existing authority to grant disability benefits when a veteran’s service-connected conditions prevent substantial gainful employment, even if the combined rating does not meet specific schedular thresholds. This codification is intended to ensure a clear statutory foundation for the TDIU program and related eligibility considerations.

Key provisions and changes

Codification of TDIU authority: The bill explicitly codifies VA’s authority to award disability compensation based on individual unemployability. This strengthens the statutory basis for decisions where veterans cannot engage in substantial employment due to service-connected disabilities.

Eligibility framework (implicit): While the text provided does not include the full statutory language, codification typically clarifies:

Eligibility criteria for individual unemployability, including evidence showing that service-connected disabilities render the veteran unable to engage in substantial gainful employment.
The interaction with overall disability ratings and potential coordination with other VA benefits or processes.

Administrative and procedural alignment: The codification is expected to align VA's administrative procedures with the statutory authority, ensuring consistency in how TDIU determinations are made, reviewed, and appealed.

Who would be affected

Veterans with service-connected disabilities: Specifically those whose impairments prevent substantial gainful employment, and who may not meet the schedular rating thresholds but would qualify for compensation via TDIU.

VA program operations: VA would apply a codified framework for evaluating, awarding, and potentially adjudicating TDIU claims, including evidence gathering, decision timelines, and appeals processes.

Family members and beneficiaries: Potential indirect beneficiaries through veterans receiving TDIU compensation, which can impact household income and access to VA healthcare or other benefits.

Procedural and timeline aspects

Introduction and referral: Introduced in the House and referred to the House Committee on Veterans' Affairs on June 3, 2026.

Legislative path: As a bill, it would need committee consideration, potential markup, floor vote in the House, Senate action, and presidential approval (or veto/override) to become law.

Effective date and implementation: The summary does not specify an effective date. Typically, codified provisions take effect upon enactment, with regulatory or procedural updates by VA as needed to implement the changes.

Additional notes

Sponsor: Co-sponsored by Rep. Keith Self.

Policy emphasis: The measure emphasizes formalizing VA’s authority to grant TDIU, which can be a crucial mechanism for veterans whose disabilities prevent meaningful employment even if their schedular rating is not above certain thresholds.

If you would like, I can add a brief comparison to the current statutory framework for TDIU (as it exists prior to enacting this bill) or provide a section-by-section breakdown if the bill’s text becomes available.