Veterans with severe, permanent disabilities that prevent them from working may receive Total Disability Individual Unemployability benefits or “permanent and total” designations from the Veterans Administration. Receiving both Total Disability Individual Unemployability, or TDIU, and permanent and total, or P&T, ratings is known as TDIU with P&T.
However, the terms “total” and “permanent” don’t mean these benefits are untouchable. The VA can take away TDIU or P&T status in some cases, especially if certain red flags appear on a veteran’s record.
It’s important to stay on top of your TDIU and P&T documentation to minimize the likelihood of having your benefits reduced or revoked entirely. If you’re concerned about losing benefits or have already received a benefits revocation from the VA, Veterans Guide is here to help.
What Are TDIU, Permanent and Total, and TDIU With P&T?
These terms are related, but each has a distinct definition:
- TDIU: This status is awarded when a veteran cannot maintain substantially gainful employment due to service-connected disabilities, even though their disabilities aren’t rated at 100 percent disabling. Through TDIU, a veteran who does not meet the specific criteria for a 100 percent rating for their condition could still receive the equivalent benefits by demonstrating that their disability prevents them from performing substantial work.
- P&T: Permanent and total disability status, or P&T, is assigned when a veteran’s disabilities are rated 100 percent and not expected to improve.
- TDIU with P&T Status: This status is awarded when a veteran receives TDIU benefits and the VA deems their condition permanently and totally disabling.
The combination of TDIU and P&T often protects veterans from future reevaluations and the risk of having benefits reduced or revoked. However, this isn’t always the case. If you receive notice of a reevaluation or a proposed benefits reduction, respond quickly and thoroughly regardless of your status.
Can the VA Take Away TDIU or P&T?
The possibility of losing a TDIU or P&T determination is a financial nightmare for many disabled veterans. Though it does so only rarely, the VA can take away 100 percent permanent and total disability status under certain conditions.
TDIU can be revoked under the following circumstances:
- You return to substantially gainful employment, usually a job with earnings that put you above the poverty threshold.
- The VA believes your condition has improved enough to allow you to work.
- You have failed to submit required employment questionnaires, such as VA Form 21-4140.
P&T status can be revoked under the following circumstances:
- The rating was granted in error.
- There is clear evidence that your condition has materially improved.
- There is evidence of fraud.
To no longer be eligible for TDIU or P&T because your disability has improved, the improvement must be sustained under everyday conditions. Temporary or minor improvement does not justify revocation. If the VA threatens to revoke your status because of medical improvement that doesn’t meet these criteria, speak with a veterans’ benefits attorney about how to respond.
When Can the VA Reevaluate TDIU or P&T?
The VA has specific windows of time for reevaluating TDIU or P&T status. A TDIU or P&T rating is more vulnerable within the first five years of receiving benefits. You’re most likely to receive a request for reevaluation or a proposed benefits reduction during this period. Therefore, maintain careful documentation and watch for any letters from the VA during the first five years.
After continuously receiving benefits for 20 years, your benefits will become protected unless the VA suspects fraud.
Reevaluations differ depending on which classification you have. TDIU reevaluations often require veterans to submit income verification forms to show they’re still unable to work. P&T reevaluations usually don’t happen unless the VA sees red flags in a record.
Veterans with TDIU and P&T status typically face fewer risks of losing benefits. Unless you start working again or commit fraud, you’re significantly less likely to face reduction or revocation.
What Happens if Your TDIU or P&T Is in Jeopardy?
Being at risk of losing disability benefits is stressful. Fortunately, TDIU and P&T revocations aren’t automatic and don’t happen without notice. The VA takes certain steps to review a veteran’s status before reducing or revoking these benefits.
First, the VA will send a proposed rating reduction letter alerting you to the potential change. Check your mail regularly to avoid missing important correspondence.
If you receive a reduction proposal, you have 60 days to respond and 30 days to request a hearing. These deadlines are firm, so take action quickly to avoid losing your chance to tell the VA why you need to continue receiving benefits.
If you don’t respond to the VA’s letter or cannot prove continued TDIU or P&T status, your benefits may be reduced or revoked. Consult a veterans’ benefits attorney about your options.
How To Protect Your TDIU or P&T Status
If you’re concerned about potentially losing TDIU or P&T, there are steps you can take to protect your status:
- Avoid substantial employment or clearly explain any marginal employment. TDIU and P&T determinations mean you’re permanently unable to perform substantial work. Working more than a marginal part-time job can put your status at risk.
- Respond quickly to any VA correspondence. The VA will generally notify you by mail of any change to your TDIU or P&T status. Read and respond to VA letters quickly to avoid missing deadlines or failing to provide requested information.
- Keep medical documentation current and thorough. Receiving TDIU or P&T doesn’t mean you can stop updating your medical records. Make sure the VA has recent documentation of your current medical condition so there’s no confusion about whether your disability has improved.
- Don’t ignore income verification forms. Always complete and return income verification forms promptly to avoid any questions about whether your income is correct.
Be proactive about maintaining your TDIU or P&T status. While losing TDIU or P&T is rare, protect yourself by keeping up with all related documents.
What if the VA Already Took Away My TDIU or P&T?
If you think the VA wrongfully took away your TDIU or P&T status, you have the right to file an appeal. While reductions are rare, they do happen.
Veterans Guide helps veterans fight back by gathering medical evidence and providing legal insight. Whether you’ve received a proposed reduction or are unsure if your benefits are protected, we’re here to help you respond to proposed reductions, appeal VA decisions, and safeguard the benefits you earned through your service.
Contact us online or call (888) 982-1009 today to talk to our dedicated team of veterans and allies.
