When Does TDIU Become Permanent?
Total disability individual unemployability, also known as TDIU, is a benefit the VA offers veterans with disability ratings of less than 100 percent but who still cannot work due to a service-related condition. TDIU can be temporary or permanent, depending on the circumstances of your condition. While TDIU status often starts as temporary, the benefits become permanent when a veteran turns 70 or has received TDIU payments for 20 years.
When is TDIU permanent in your case? At Veterans Guide, we’ll help you find the answers. We’ve helped service members nationwide understand their TDIU status and get access to the benefits they deserve.
What Is TDIU and How Does It Work?
TDIU status applies to veterans who have not received a 100 percent disability rating for a service-related condition, but still cannot work as a result of their condition. Veterans with TIDU receive monthly payments equal to what they would receive if they had a 100 percent disability rating. TDIU does not increase or change your disability rating, however.
To qualify for TDIU, you must be unable to hold what the VA refers to as “substantially gainful employment,” meaning a full-time job paying more than the poverty level. Occasional gigs and odd jobs don’t count.
You must also have one disability rated at 60 percent or multiple conditions with a combined disability rating of 70 percent and one rated at least 40 percent. Some veterans with a lower disability rating may also qualify for the program if their condition requires frequent hospital stays.
TDIU can be temporary or permanent, depending on the circumstances of your disabilities and your medical prognosis. If your condition is extremely severe or unlikely to improve, you may be awarded permanent TDIU status at your initial approval for VA disability benefits.
When Does TDIU Become Permanent?
Many veterans only need TDIU temporarily because their condition improves enough to return to regular full-time work.
However, service members whose condition doesn’t improve may receive TDIU payments for many years. After some time, the VA may adjust the veteran’s status and declare the disability permanent and total, or P&T.
Once the VA considers your TDIU permanent, it can only be reduced or revoked in very rare circumstances.
The 20-Year Rule
No matter how old you are, after you’ve received TDIU for 20 consecutive years, the VA may not revoke your payments unless fraud is proven.
At 70 Years of Age
Once you turn 70, your TDIU benefits can become permanent if you’ve received payments for at least 20 years. However, the VA may not automatically grant permanent TDIU. In such a case, you must contact the VA to verify your status and request a change.
When the VA Labels TDIU as Permanent
If you have an ongoing disabling condition that’s unlikely to improve, the VA may designate it as permanent and total in your decision letter.
How To Tell if Your TDIU Is Permanent
You may already have TDIU permanent and total benefits without knowing it. Check your documentation from the VA. Review your award letter or VA decision. If you see your disability described as permanent and total, your TDIU benefits are permanent.
You can also check your VA Benefits Summary Letter in eBenefits or on VA.gov. If it says you’re eligible for CHAMPVA or Chapter 35, your TDIU status is permanent.
If you’re still unsure, the team at Veterans Guide can help. Contact us today. We’ll help you decipher your VA documents and determine your next steps to obtain the benefits you deserve.
What Are the Benefits of a Permanent TDIU Rating?
A permanent TDIU rating can give you and your family key resources to plan your household budget and account for long-term expenses, knowing that the VA can only revoke or reduce your payments under exceptional conditions.
With a permanent status, you won’t have to undergo any more compensation and pension, or C&P, exams to demonstrate your disability. You will also be assigned to Priority Group 1 for care at VA medical facilities and may be eligible for VA long-term care without co-pays or deductibles.
Your dependents will have full access to other benefits, including CHAMPVA health insurance and dependency and indemnity compensation, or DIC. You can also purchase VA life insurance, which offers low-cost, guaranteed-acceptance plans.
Depending on where you live, you may be eligible for additional state benefits such as education grants and property tax discounts.
Can the VA Take Away TDIU?
While your TDIU status is temporary, the VA will periodically reevaluate your status, and you may be required to undergo a C&P exam. If evaluators determine your condition has improved enough for you to return to work, they may revoke your TDIU status or adjust your disability rating. After your TDIU is declared permanent, the VA will stop periodic status reviews, and you will no longer be required to take C&P exams.
At any point, even if your disability has been declared permanent, the VA can revoke your TDIU if it discovers evidence of fraud.
Can I Work With Permanent TDIU?
The VA may revoke your TDIU status if you work at a job that pays above the poverty level, even if your status is permanent. However, you are still allowed to have what’s called marginal employment. These are any jobs that don’t take your annual income above the current poverty level and may include seasonal labor or part-time jobs where you only work a few hours a week.
You may also work in a family business or a so-called sheltered workshop, which is a workplace designed to help rehabilitate or train those with disabilities.
If you have questions about how your work history may affect your eligibility for permanent TDIU, contact a VA lawyer. They can help you protect your benefits.
Need Help Protecting Your Benefits?
If you can’t work due to a service-related condition, TDIU status can help you access the benefits you need to care for your family and protect your financial future. Having your status declared permanent can mean fewer worries, less paperwork, and eligibility for additional programs.
If you’ve received TDIU for several years or are nearing retirement age, we can help you raise your disability rating. If you have temporary TIDU status, we can evaluate whether you’re eligible for permanent status and help you apply.
VA bureaucracy often feels like a maze, but Veterans Guide is here to help you navigate it. Our experienced staff can help you access the benefits you’ve already earned with your service.
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